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Chester man assaulted woman after calling her 'a man'

Published date: 04 February 2014 |
Published by: Staff reporter
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A MAN has been jailed after assaulting a woman on her way home after a night out.

Kyle Church, 26,  pleaded guilty to attacking to a woman on Foregate Street in Chester on December 22.

At West Cheshire Magistrates Court, prosecutor Rob Youd said at just after 5am, the victim had been looking for a taxi after an evening out with friends and family.

He said Church, who was with a second man, had asked the woman for a light.

When she didn’t have one, the defendant said: “Well you wouldn’t because you’re a man.”

The woman responded by insulting Church.

Church replied: “You’ve got a ‘tash’, you’re not a woman.”

Mr Youd said the woman continued to challenge Church, who then punched her.

This caused her to stumble and fall to the ground.

After both men ran off, the woman went to find her brother who was in the Marlborough Arms pub and police were called.

The two men were located and the defendant was chased and captured after falling into a ditch.

Mr Youd said Church had three previous convictions for assault, one in 2005 for which he was jailed for 42 months. He did not receive custodial sentences for the other two convictions.

As a result of the attack, Mr Youd said the woman suffered pain to the left side of her jaw, cheek and neck. She also had ringing in her ear and had swelling to the eye socket.

David Foster, defending, said Church did not have full recollection of the night in question as he had been very drunk.

“He accepts he was abusive towards her,” he said.

“But what you haven’t heard is that she chased after him and pushed him forcefully.

“He fell back against a shop window and banged his head. He knows that because it was witnessed by his friend.

“She came at him again with her hands raised and he felt she was going to strike again.”

Mr Foster said Church’s actions came close to crossing the threshold for a defence of self-defence.

Church, of Elizabeth Street, Manchester, had not pleaded that defence, said Mr Foster, as “he accepted he could have chosen another course and run away”.

As a result of the incident, Mr Foster said, Church had now determined not to drink at all.

Magistrate Elizabeth Michie said the bench took a very serious view of Church’s unprovoked attack.

Church was sentenced to 12 weeks in custody, reduced to eight weeks because of his guilty plea.

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