East Rudham man Gary Behagg assaulted ex-partner in front of children in Fakenham

A man who assaulted his ex-partner in front of two children escaped being sent to prison - but has been handed a community order.

Gary Behagg, 39, of Pooleys Corner in East Rudham, had previously admitted assaulting a woman in Fakenham in April 7 this year and to causing criminal damage to an iPhone belonging to a teenager when he appeared at Lynn Magistrates’ Court on July 25.

The case was adjourned on that date for a pre-sentence report looking at all options - and on Thursday, Behagg was back in court to hear his fate.

Asif Akram, prosecuting, told magistrates that Behagg was returning his young son to his ex-partner on April 7 - but when he arrived at her address, she was not home.

She turned up a short time later, and Behagg walked up to her car and, as she got out, he started to “have a go” at her.

He then pushed her to the floor and punched and kicked her while she was on the ground. She managed to get up, but he knocked her over again and continued to assault her.

She eventually got away and ran to a neighbour's house, asking them to call the police.

Behagg then approached the addres, where the neighbour told him to calm down and to stop behaving in this manner.

He had then run towards the front door as the victim tried to close it, and he managed to reach in and grab a phone she was holding. He threw it on the floor, causing it to be completely smashed.

The phone belonged to the neighbour’s child.

Mr Akram said the victim had suffered bruises and a black eye, and in a victim personal statement she described how the incident had left her scared to go out in case Behagg turned up again.

She has also been suffering panic attacks and was waking up in “pools of sweat”.

George Sorrell, mitigating, said that since the incident, Behagg had gained full custody of his son.

He said on the day in question, Behagg had witnessed his son rolling a piece of paper as if for a cigarette, causing him to become upset.

Mr Sorrell said the victim “has problems with drug taking”.

However, the solicitor said that no matter what, the victim “doesn’t deserve to be treated in that way”.

He acknowledged that Behagg was facing a possible prison sentence, but urged magistrates to consider alternatives outlined in the pre-sentence report.

Magistrates told Behagg the custody threshold had been passed, with an aggravating fact that the offences had occurred in front of children.

However, they agreed to impose a 24-month community order with 40 sessions of an offending behaviour programme and 15 rehabilitation activity requirement days.

He was ordered to pay £849 in compensation for the phone, and was fined £40 - while he will pay £85 in court costs and a £114 victim surcharge.