Man fails to get reduced sentence for strangle attack which left girlfriend bleeding from the eyes and ears

The Court of Appeal dismissed Jason Stewart’s challenge to the term imposed for an attack which left the woman bleeding from her eyes and ears.

Lord Chief Justice Sir Declan Morgan said: “The applicant could easily have unintentionally killed the victim.”

Stewart, 41, with a previous address in Portadown, Co Armagh, received a 37-month sentence after pleading guilty to assault occasioning actual bodily harm.

He launched the attack at the woman’s home in May last year, pushing her head through a glass panel and dragging her upstairs.

The court heard he sat on top of her and put something made of fabric around her neck, strangling and restricting her breathing.

She fell unconscious for a period of time, coming round again to hear Stewart say: “What have I done? I’ve killed my baby.”

The woman described being left devastated, sore and ashamed.

When she went to work the next morning her employer noticed she was shaking, with bloodshot eyes, dried blood in her ears and red marks around her neck.

He became so concerned that he took her to hospital later that day.

A doctor noted bleeding from blood vessels on the surface of her eyes, as well as bleeding and ruptured eardrums.

During police interviews Stewart said the couple had a volatile relationship which involved rows when they drank Buckfast tonic wine.

At first he claimed that he acted in self-defence after waking up to find the woman standing over him with a knife.

Appealing the sentence imposed - half to be served in custody and half on licence - defence lawyers challenged the starting point and level of discount for his guilty plea.

It was also contended that he should have received a further reduction because of conditions during the ongoing pandemic.

However, senior judges rejected all grounds advanced.

“This was a very bad case of its type. The victim lost consciousness,” Sir Declan pointed out.

“She had visible blood injuries to her eyes and ears, rupture of the eardrum and bruising to the neck and left arm.”