A Lincoln man who struck his pregnant partner over the back with a chair has been given a suspended jail sentence after spending nine months in custody since the attack.
Craig Jason Smith, 34, was sentenced to two years imprisonment suspended for two years after a judge said this was now the best way to protect the public.
Judge Simon Hirst made it clear Smith would have been facing a two-year jail sentence if he had not been on remand in prison.
The judge told Smith it would be better for the public if he was now released under the terms of a strict suspended sentence rather than serving a short jail term.
Smith, of Jellicoe Avenue, Lincoln, admitted assault causing actual bodily harm to his former partner on March 22 this year.
Lincoln Crown Court heard Smith carried out the attack the day after learning his partner was pregnant.
David Earl, prosecuting, said Smith lost his temper after trying to top-up his mobile phone and pushed his partner against a table.
Mr Earl told the court Smith then hit his partner over the back with a chair and continued to hit her with the chair leg when the piece of furniture broke.
During the incident Smith said he wanted to kill his partner and the baby, Mr Earl added.
The court heard Smith also kicked and punched his partner’s legs before pressing his hands around her neck.
In total the incident lasted for around 15 minutes before Smith’s partner managed to climb out of a window.
She suffered bruising to her back, legs and arms, and in a victim impact statement described the attack as “overwhelming”.
Neil Sands, mitigating, told the court Smith’s partner had since given birth to twins and he realised he must change his ways if he was ever to have a role as their father.
Mr Sands added that Smith had been doing well in prison and it was the longest period of his adult life away from alcohol.
Passing sentence Judge Simon Hirst told Smith his behaviour was “utterly unacceptable”.
The judge also made a restraining order which prevents Smith from contacting his former partner and ordered him to complete 30 rehabilitation days and a 90-day alcohol treatment requirement.