Ben Smith jailed and told to 'grow up' after punching ex-partner
VIOLENT dad Ben Smith has been jailed for 16 months for climbing through his ex-partner's window, pinning her to the floor and punching her.
Judge Jamie Tabor QC told the 23-year-old it was "time to grow up" after he assaulted his ex-partner in the house they used to share.
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Ben Smith
The father-of-three of Seabright Close, Cheltenham, had been convicted of assault after an earlier trial at Cheltenham Magistrates' Court and had also admitted a charge of harassment. Magistrates had committed him to Gloucester Crown Court for sentence.
Nick Fridd, prosecuting, said Smith's ex-partner of six years had been at home in Gloucester on August 1 when she heard noises upstairs. She discovered Smith had let himself in through a window.
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She asked him to leave, but he pinned her to the floor, punched her and bit her on the finger before she managed to escape and fled to a neighbour's house where the police were called.
Joe Maloney, defending, said Smith was concerned he was unable to have contact with his young children. He had a number of difficulties and he understood that he had to address these issues, Mr Maloney said.
Smith had "very real support" from his family, said Mr Maloney. He passed letters from his parents and his sister, Samantha, to the court.
"He realises that he has to grow up," Mr Maloney added.
Judge Tabor told Smith that he came from a strong family and they, along with the pre-sentence report, pointed to the fact that this 'nasty behaviour' stemmed from his cannabis use. "I agree with Mr Maloney, it is time for you to grow up," he said. He added: "I'm quite prepared to accept that you are a decent young man when you are not taking drugs."
But the judge said the behaviour he had exhibited towards his ex-partner was outrageous.
He invoked a previous 12-month suspended jail term, imposed for an earlier drugs-related offence, and added four months in prison to run consecutively for the assault charge.
He imposed a restraining order preventing Smith from seeing his children for seven years – except with the agreement of solicitors, social workers or parents. Smith spent 34 days in custody on remand and this time will be deducted from his 16 months sentence.
The court heard Smith had previous convictions for harassment, burglary, dishonesty, producing cannabis and breaching community orders.
Comments
by jayne80
Tuesday, November 06 2012, 11:24PM
“he isnt a nice lad at all sam!!! hes a bully who when unable to get what he wants either robs people, beats women may i add the kids were upstairs, grows weed in a house his kids lived in, harrasses threatens and bullies!!! there may well b 2 sides t every story but in what bit does it say beating a women when ur kids are asleep upstairs is right and still makes him a good person???? it dont does it!!!!”
by Takeaway22
Tuesday, November 06 2012, 10:31PM
“samsmith1977 - As you stated, there are two sides to a story and you are correct. Now would be a good time to come to his defence and provide HIS side of the story to enlighten us to his good character”
by Coingrass
Tuesday, November 06 2012, 10:22PM
“The court heard Smith had previous convictions for harassment, burglary, dishonesty, producing cannabis and breaching community orders. This 'nasty behaviour' stemmed from his cannabis use.
And people say cannabis is harmless! Yeah, right.”
by cheltm2012
Tuesday, November 06 2012, 6:40PM
“is that an oil painting of him or has it been photoshopped”
by Takeaway22
Tuesday, November 06 2012, 5:29PM
“joshoneill - Which part of the article has 'got it all wrong'? In addition, which part of the article has got it all RIGHT?”
by chr1582
Tuesday, November 06 2012, 5:06PM
“well i can honestly say hand on heart that none of my family members would do such a thing to anyone, let alone a woman! This may be because my family have had the right upbringing and knowing what is right and wrong behaviour. Sorry but if (and that's a big if) one of my family had done this i would be horrified and embarressed and certainly wouldn't be on a news forum defending them! i'd be saying they deserve their sentence cos they're a low life criminal. i suppose your argument would be family loyalties but i am loyal to my family as the day is long but i draw the line if they're a criminal.”
by Dr_Hfrrrrr
Tuesday, November 06 2012, 4:47PM
“He has got the sort of face that you would never tire of punching. Not that it matters, his 'special friend' in prison will only see the back of his head anyway....”
by bonzaharris1
Tuesday, November 06 2012, 4:37PM
“joshoneil. re your comment
All of you need to leave Ben alone! He was a great father and would never do anything to hurt them! The article has got it all wrong! Before you start commenting on it think about if its all the truth he was a great man although drugs did affect him!!
This isn't about what a great father he was, or was not. This is about him breaking into his ex-partners house, and assaulting her. I do not give a scoobies why he assaulted her, only a coward would attack a woman. So not quite the good man is he. Get real, he is a violent thug outside his direct family. It also says had previous convictions for harassment, burglary, dishonesty, producing cannabis and breaching community orders. Hardly an upstanding citizen is he, yet you come here telling us to leave him alone. What sort of people are you that defend this sort of behaviour, just because he is a member of your family. If one of my family did this, I would be mortified. I certainely would not be on here defending them, and blabbering on about how wonderful they really were. I would be keeping my mouth shut, and my head well beneath the parapit. Once again drugs are used as an excuse. Well he chose to take them, no one else, so he should take responsibilty for his actions. Just one other little thing, he has been found guilty in a court of law, and I would rather believe the courts.”
by ladygray
Tuesday, November 06 2012, 4:28PM
“Weeping in the dock, oh what a shame.”
by samsmith1977
Tuesday, November 06 2012, 4:19PM
“as you will all find out soon the papers have got it wrong for a second time! ben is allowed to see his children and there is no order put on him regards them. ben was a good father and uncle to josh so please people there is his family reading these messages.”