Man aged 75 is jailed for assault on wife of 50-plus years - whom he threatened to 'kill slowly over a matter of days'

Details were given to Ballymena Magistrates' Court on Thursday where Stewart John Nicholl (75), was given a five months jail sentence, after pleading guilty to charges of assault; threat to kill; threatening or abusive behaviour; and criminal damage to a mobile phone strap.

The court was told the defendant had taken his wife's mobile phone to stop her calling for help but she was able to drag herself into a bathroom and use an Apple watch to contact police.

The defendant's address was listed as Strangford Heights in Newtownards.

A prosecutor said on October 27 last year police were called to an address in Islandmagee by the woman.

She said her husband had taken her phone and pushed her to the floor in a hallway.

A prosecutor said the woman, aged in her 70s, "uses crutches to get around" and she was unable to get to her feet.

Whilst on the ground she said she had been slapped twice on the face by the defendant who kicked her on the back and twisted her arm.

The woman told police she had been lying in the hallway "for nearly two hours" and the defendant refused to get help for her and instead subjected her to "constant verbal abuse".

She told police her husband had said to her: "You wont need your phone. I am going to kill you and it is going to be done slowly over a few days".

At one stage she was able to "physically pull herself" to a bathroom and lock the door.

The prosecutor added: "He was outside the door, counting down from 10 and banging the door".

When police arrived they found her "on the floor" in a "distressed" state in the bathroom and helped her up.

A defence barrister said it was acknowledged it was an "appalling set of facts".

The lawyer said the "marriage is over".

He said the defendant pleaded guilty but had a "different interpretation" as to some of what actually happened.

The barrister added: "Whatever happened that is no excuse to resort to this type of activity."

The barrister added: "It is a very, very, sad case. The parties have been together for over 50 years".

The lawyer said domestic violence is an "epidemic in this society".

The Court heard the defendant had a clear record apart from a driving matter a number of years ago.

District Judge Nigel Broderick said: "These facts are, quite frankly, harrowing".

He told Nicholl he had re-read his wife's statement and added: "The horrors your put her through are nothing short of despicable. She is a lady in her mid-70s, she has mobility issues, she is on crutches in her home where she should feel safe and she should certainly not be attacked by her husband.

"You push her to the floor, when on the floor you kick her, you slap her in the face, you take her phone off her and you leave her lying there on the floor for two hours.

"You verbally abusive her and stand over her, no doubt in a fit of anger, and you say 'I am going to kill you and it is going to be done slowly over a few days'."

Judge Broderick added: "This poor lady then somehow musters the strength to pull herself along the floor to the bathroom and locks the door and thankfully she had the means of raising the alarm on her Apple watch because you in your fit of anger had taken her phone".

He said he could take into account the guilty plea and lack of relevant record.

The judge said the defendant had "minimised" his responsibility when spoken to by probation and "essentially blame the victim in some way for what happened".

The judge said that was categorised by a Probation Officer as "distorted thinking".

Judge Broderick said he was enhancing the sentence because it involved domestic abuse as he jailed the defendant for five months.

A non-molestation order is in place until the end of this year.

The defendant was released on bail of £500 pending appeal against the sentence.