A CARLISLE man found guilty of punching his partner twice in the head has failed to overturn his conviction for the offence.
Brian Robert Miller, 57, denies lashing out at Bobbi Broughton in late May amid a “turbulent relationship”. But following a magistrates’ court trial, Miller was convicted both of assaulting her on that occasion, and also kicking her during an incident days later.
His appeal against conviction for two assaults was heard at Carlisle Crown Court, where Miss Broughton gave evidence and stated: “He punched me twice in the head.”
Giving evidence, Miller denied any punch attack, and also insisted he hadn’t kicked Miss Broughton in a bedroom as she also alleged.
Recorder Julie Clemitson – sitting on the appeal with two magistrates – overturned the “kick” assault conviction, concluding the evidence didn’t make them sure of guilt. But they ruled Miller had committed the earlier punch assault, and dismissed his appeal over that offence.
As a result, the magistrates’ court sentence he received for that remains in force. This comprises a suspended 70-day prison term, rehabilitation and an eight-week night-time curfew. Miller, of Prescott Road, Longsowerby, was banned from contacting Miss Broughton for three years, and must pay £300 compensation.