Drunken thug who battered girlfriend in the street making her face 'explode like an airbag' walks away with community service despite the fact he was on PROBATION
Magistrate said NOT sending him to jail would be the tougher option
Toby Hayden was serving suspended sentence for previous offence
Also assaulted two police officers and had to pay them both compensation
Repeatedly punched girlfriend Loretta Butterwork during assault
Had earlier drunk shots of tequila, eight pints and three cans of lager
Miss Butterworth after returning home from hospital. She said she was unable to see at first because her eyes were so badly swollen
A thug who attacked his girlfriend in the street has walked free from court after magistrates told him a community sentence is ‘tougher’ than prison.
Toby Hayden, 27, hit his partner of two years in a drunken rage when a cash machine told him he had insufficient funds to withdraw money.
He repeatedly punched Loretta Butterworth, 22, in an assault that ended only when passers-by heard her screaming ‘please help me’.
When police arrived to arrest Hayden, he spat in the face of one officer and tried to gouge out the eyes of another.
But despite being on a suspended sentence for a previous violent crime, magistrates sentenced him to an 18-month community order with 200 hours of unpaid work and ordered him to complete an anger management course.
Miss Butterworth, who had once considered having children with Hayden, said he had ‘no remorse’ and criticised magistrates for letting him off.
She said she looked ‘like a zombie’ after the attack and still has the outline of a footprint on her forehead.
She added: ‘When I found out that he had walked free my heart sank. I was shocked and angry.
‘He definitely should have gone to prison. He had previous convictions, he had been violent to people before, he was on probation when it happened.
‘He resisted arrest, assaulted two police officers, caused criminal damage and that doesn’t even cover what he did to me.
‘He punched me repeatedly, he didn’t stop – but that wasn’t enough for him so he kicked me in the back of the head as I lay on the floor unable to defend myself.’
The couple lived together before the attack but now Miss Butterworth says she thinks Hayden should have gone to prison
Hayden, of Christian Malford, Wiltshire, attacked his girlfriend in nearby Chippenham, as the couple walked home on February 9.
He had drunk several shots of tequila and at least eight pints and three cans of lager during the evening.
Moses Tawo, defending Hayden, said: ‘His way of explanation is his alcohol abuse. It isn’t domestic violence, it is a random assault. He would come back from prison full of problems and there would be a vicious circle.’
Chippenham magistrates told Hayden: ‘We are going to take the hard line by not activating the suspension order. Horfield [Bristol prison] would be the easy option – you could get this over with in four weeks. But this way you’re going to spend the next year-and-a-half addressing your behaviour.’
Miss Butterworth, a shop worker, could not open her right eye for weeks after the assault.
Sandra Horley, of domestic violence charity Refuge, said Hayden’s sentence was a ‘woefully inadequate punishment’.
She said: 'I was shocked to learn of the horrific assault on Loretta Butterworth by her partner.
'It is appalling that the severity of this crime has not been reflected in the sentence handed down. A suspended sentence is a woefully inadequate punishment for a dangerous and violent man like Toby Hayden.
'Domestic violence is a horrific crime which kills two women every single week in England and Wales. It must be treated as seriously as any other violent crime. It takes a huge amount of courage to testify against an abusive partner or ex-partner.
'It is crucial that victims like Loretta feel protected when they find the strength to take their abuser to court. Violent men like Toby Hayden must receive punishment that fits their crime. Until this happens, domestic violence will continue to flourish in our society.'
Chippenham Magistrates' Court was told that after Hayden was shown injuries he inflicted on Miss Butterworth, he said: 'I didn't know I was that much of an animal'.
Pauline Lambert, prosecuting, said the couple had been in a relationship for two years and started living together in Christian Malford, Wiltshire, in October.
She said Hayden began beating Miss Butterworth by pushing her against the wall and hitting her with full force on the nose.
Hayden, who pleaded guilty to three charges of assault, was banned from contacting Miss Butterworth for two years and ordered him to pay her £750 compensation.
He was also told to pay £250 in compensation to PC Andrew Aves from Wiltshire Police and £100 to PC Joel Bunting, who he attacked when they arrived to arrest him at home.
After the hearing Miss Butterworth, who now lives with her mother in Corsham, Wiltshire, criticised the sentence and described how her face 'exploded like an airbag' during the assault.
She said: 'I can't put into words what I think of him. He is scum, he has hit a new low. I never thought he could stoop so low as to hurt someone he loved.
'I think the case should have gone to Crown Court because of his past. I had no idea that magistrates are three people who aren't legally trained.
'At least if it had gone to Crown Court he would have been before a properly educated judge and the full story would have come out.
'I work near him and it worries me that I might bump into him. I really, really don't want to see him.'
A Ministry of Justice spokesman said: 'Our radical reforms will see everyone released from prison being supervised in the community – including those serving sentences of less than one year.'
If you’re experiencing domestic violence, visit Refuge for support and information, or if you’re worried about a friend or family member, visit 1in4women.
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