Court / Woman thought partner ‘was going to kill’ her during prolonged attack
Content warning: This story contains details of domestic abuse. If you have been affected by this issue, help is available.
A WOMAN told police she thought her partner “was going to kill” her during a sustained and violent attack, Lerwick Sheriff Court heard on Wednesday.
Stephen Downton admitted strangling, kicking out at and repeatedly hitting the woman during a prolonged outburst that lasted for several hours.
Downton also twisted the woman’s fingers “painfully” when she tried to cover her face to protect herself from his attacks.
She sustained “significant bruising” to both of her eyes as a result, and was left with a mouth full of blood after he kicked out and struck her on the chin
The 47 year old from Mossbank carried out the assault between 17 and 18 May last year at the woman’s home address, also in Mossbank.
Defence agent Gregor Kelly admitted a jail sentence will likely be “uppermost in the court’s mind” when Downton returns for sentencing next month.
Despite the severity and length of the assault, the woman was not seeking a non-harassment order against Downton, Lerwick Sheriff Court heard.
She could still see a future for the couple, who had been together for around two-and-a-half years at the time of the attack, procurator fiscal Duncan Mackenzie said.
But Sheriff Ian Cruickshank warned he could still order the two to remain apart if he felt it necessary.
The court heard the pair did not live together, but Downton lived close to the woman at the time of the incident.
She had her adult son living with her, but on 17 May had told him she wanted him to move out.
Downton was also present and had an argument with the complainer’s son too.
Later that evening the couple were together at the woman’s home with her cousin, and alcohol was consumed – with Downton drinking “fairly substantial quantities”.
He fell asleep on the couch, but when he woke he was “instantly belligerent” and became “quite unpleasant” to the woman about the incident with her son earlier.
During the exchanges he “became irate” and started repeatedly hitting her in the face and head with the back of his hand.
The woman fled from the house and sought help with a friend, who removed Downton from the house.
However Downton soon returned and immediately picked up where he had left off, with his attacks on the woman continuing “for a number of hours”.
“He was quite relentless with his behaviour to her,” Mackenzie said.
Despite her “tearful pleas for him to stop”, Downton continued to hit her and was “grabbing hold of her fingers and twisting them painfully” when she tried to protect herself.
She told him she wanted to go to the toilet, and when she came out Downton “kicked out at her, striking her on the chin”.
“She could immediately feel her mouth fill with blood,” the court was told.
The woman asked her cousin to call the police, and despite their fear about doing so they eventually dialled 999 and let the call record Downton’s assault.
The complainer moved away from Downton, but he followed her and grabbed her from behind, striking the left side of her face with a door.
Downton then seized hold of her neck and compressed for around 20 to 30 seconds.
Although the woman did not pass out, she later told police: “I couldn’t breathe at all.
“I actually thought he was going to kill me.”
The police arrived shortly afterwards and arrested Downton, and though they could see the woman had a number of injuries she refused any medical attention.
Defence agent Kelly said Downton had previous convictions and that a custodial sentence was likely to be “uppermost in the court’s mind”.
He reserved mitigation until background reports could be compiled on his client.
Sheriff Cruickshank deferred sentencing until 9 April for the preparation of a criminal justice social work report.
And though the Crown stated the complainer was not seeking a non-harassment order, the sheriff said it was at his discretion as to whether it was necessary.
He added he would also make a decision on this next month.
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