New mother assaulted husband who stayed out late

A woman who pleaded guilty to causing her husband grievous bodily harm was placed on probation, even though sentencing guidelines would usually mean a term of imprisonment.  

The court heard last week that the wife injured her husband’s genitals after he stayed out late one night, leaving her at home with their five children, including a two-month-old baby. 

Before passing sentence, Justice Charles Quin was advised that the husband had successfully undergone surgery for his injuries. 

The defendant and the complainant are still married but he has filed for divorce. He is endeavoring to have her removed from the island, but she is trying to preserve her residency here because she does not want to be separated from her children. 

The circumstances leading to the offense were outlined by crown counsel Kenneth Ferguson and defense attorney John Furniss.  

On the night of the assault, the new mother had asked her husband to stay home, but he went out, returning in the early hours of the morning. The injuries were sustained following a verbal altercation, in which the wife accused him of being friendly with another woman.  

The wife pleaded guilty last year. A social inquiry report revealed that problems in the marriage appeared to have been relatively recent, with the woman feeling abandoned, hurt and overwhelmed.  

She had asked her husband to take her to the hospital to have her baby, but he had told her he was too busy painting a relative’s house. When she got home with the child, he was not there and did nothing to help. 

Justice Quin said the most telling comment in the report cane from the man’s mother, who said, “My son walked out of their lives … Because of other women, he chose to forsake her. He was more interested in going out with other women than in looking after his wife and children.” 

The defendant had remained committed to her marriage, and was remorseful about what she had done. Her risk of re-offending was very low, the court heard. Mr. Furniss said it would be appalling if she were removed from the children. 

The judge placed her on probation for one year and said he would recommend that she be allowed to stay with her children.