Gary Smith pleaded guilty to assaulting his girlfriend in Newbury, causing bodily harm. He claims self-defense.
Lisa Mutch said Smith lived in Newbury. He arrived home around 11:30 p.m. They argued about other women because she saw something on his phone and asked him to leave the house.
Smith gestured with his arms and seemed to push her from the room. He then pushed her hard into a wardrobe, then into a kitchen. He forced her into a washing machine and then pushed her into the sink with force, punching her face and causing bruises.
Withers was on the phone with police, having dialed 999 during the attack. She described the attack as it happened, but Smith hit her again very hard, and she yelled at him to stop. The assault moved from room to room as he tried to stop her police call, and she suffered bad bruising during this event.
The court saw a photo of her arm, where a deep black bruise was visible, about the size of a tennis ball. Mutch said reports are needed because the court might send the case to crown court if they feel the sentence is beyond their power.
Smith admitted assaulting Withers, causing her actual bodily harm, in Newbury on June 28. They had previously imprisoned him for other convictions.
Gianpaolo Damiani defended Smith, who claimed he injured Withers by accident, saying it was excessive self-defense. The prosecution did not agree with his statement, alleging that she grabbed his phone, and then he grabbed back, and she reached for his neck as reported.
Damiani said his client’s elbow caused the bruise during “excessive self defense.” The court ordered pre-sentence reports, and Smith was released on bail with conditions.