A LATCHFORD man has avoided jail after punching his ex-partner in the head and strangling her until she couldn't breathe.
Alan Fagan, of no fixed abode, frightened his then-girlfriend so much she locked herself in the bathroom of her flat when he attacked her after her work night out on July 1.
Fagan, who had been living off her after losing his job as an engineer though alcohol abuse, accused her of lying about where she had been and of seeing other men.
He asked ‘do you think I was born yesterday?’ before punching her in the head and grabbing her by the throat.
The 45-year-old apologised the following day, so she decided not to call the police.
Then on August 15, she raised his alcohol problem with him after he’d been drinking heavily, then he attacked her again.
He grabbed her by the throat with both hands, causing her to struggle for breath, telling her she ‘sucks the joy out of everything’ as he did.
When he let go, she made a run for the bedroom, where she locked herself inside.
Realising this was the end of their three-year relationship, she called the police on August 25, and Fagan was arrested and interviewed on August 26.
He gave a ‘no comment’ interview but was later charged with assault and intentional strangulation.
He denied the charges at Chester Magistrates Court on September 13, where he was remanded in custody awaiting trial, but changed his plea to guilty on November 20.
Fagan appeared at Chester Crown Court for sentencing on Tuesday, December 12.
Prosecuting, John Wynn Williams, read out a victim impact statement.
Fagan’s victim still struggles to sleep and eat, he told the court, and would like to sell up and move away as she's 'now always looking over her shoulder’.
Mr Wynn Williams added she’s ‘crippled with anxiety’, suffers recurring nightmares, and has missed work because of her ordeal.
Defending, Evie Salter said: “There were no children present, there was no loss of consciousness, the strangulation was short lived, and no ligature was used.
“My client, who has been made homeless by his actions, and has taken steps to deal with his alcohol problem.
“On no occasion has he sought to minimise his behaviour; he’s been genuine remorseful throughout; and has never tried to shift the blame on to his victim.”
Sentencing, Recorder Daniel Lister said: “These are serious instances of violence committed in a domestic setting against a former partner, motivated by jealously and suspicion.
“You have eight convictions, including for violence and being drunk and disorderly.
“However, you have no history of domestic violence, it’s clear the root of your offending is alcohol, and you took steps to deal with this prior to your arrest.
“Your pre-sentence report makes for pretty positive reading, suggesting you have a realistic chance of rehabilitation.
"I’m inclined to give you that chance."
Recorder Lister sentenced Fagan to 15 months in prison, suspended for two years.
He must also complete a six-month alcohol treatment requirement, a 30-hours rehabilitation activity requirement, and 100 hours unpaid work.
His is also banned from contacting his ex or going near her flat in Latchford, and a second address in the town, for five years.
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