But Scott Leonard Charles Furlong (39) walked free from the Magistrate’s Court yesterday because he had already spent six months in custody – and was entitled to a discount for his guilty plea to the charge of common assault.
The court heard that at the time of the offence, on 13 April, Furlong was in breach of a three-year restraining order imposed in May of last year for smashing the woman’s front door.
It was the third time he had breached the order.
The woman, who gave evidence from behind a screen, said that Furlong had been obviously intoxicated when he turned up at her flat on the evening in question.
She said: “He pushed his face right up against the glass. I opened the door a tiny bit – I know I shouldn’t have – and told him to leave.
“He forced his way in. I was very anxious, very scared.”
He then grabbed her wrist and pushed her to the ground, and she said: “He held my left arm down and kicked me in the side and back. I told him to stop.
“He said three times: ‘Have you had enough?’ Then he went to reach behind his back for his guitar, and I thought he was going to hit me with it.”
However, forensic medical examiner Dr Deryn Evans, who examined the woman afterwards, said she could see an injury to her hand but could find no evidence that she had been kicked in her the torso.
Dr Evans said: “It’s possible that there was bruising that wasn’t visible.”
The forensic medical examiner also examined Furlong, who had an injury to his foot.
“He said he had got it by climbing,” she said. “I didn’t ask him more.”
Assistant Magistrate Sarah Fitz said she could not be certain that Furlong had kicked the victim.
He said: “While Mr Furlong’s foot might have come into contact with the victim’s side, there is insufficient evidence that it was a deliberate kicking.”
She sentenced him to nine months but released him because of the time he had already served, but warned him: “If you go near the victim again you will be back in prison for a very long time.”