A domestic abuser who repeatedly attacked his wife has avoided jail after his loved ones explained to the judge that he was now a changed man.
James Lever carried out a prolonged attack in September 2023 which prompted his victim to contact the police and tell officers about it and two previous occasions of domestic violence.
Lever, from Haydon Wick, appeared in the dock at Swindon Crown Court on Thursday after pleading guilty to three counts of causing actual bodily harm related to incidents between September 11 and 16, 2023, and on September 20 and December 24, 2022.
The severity of the assaults and the defendant’s four previous convictions for violent offences against other victims would have normally sent him to jail.
However, emotional pleas from his wife and sister describing the 47-year-old’s newfound shame, guilt, and desire to seek help led to him receiving a non-custodial sentence.
The following article contains descriptions of abuse that may be upsetting
Sophie Sheerin, prosecuting, described the most recent offence, which occurred in stops and starts over the course of three hours, during which Lever slapped the victim across the face, punched her in the chest, hit her so hard she fell to the floor, headbutted her, grabbed her around the neck, threatened to cut out her tongue, and – after she spiled a can of Coke – pulled her to the floor and used her hair to mop it up.
The victim stayed the night at another property and then told the police about it, and when he gave her a black eye in September 2022 and chipped her tooth by pushing a can of lemonade into her face in December 2022.
Ms Sheerin added: “The most recent incident was prolonged and persistent. There is a history of violence and gratuitous degradation of the victim.”
Emma Handslip, defending, told of how a “catastrophic” mental breakdown after these offences made Lever reckon with his past actions, and that sending him behind bars would disrupt any progress he is trying to make.
She added: “He is a shadow of the person he formerly was. Custody would only heighten the high risk to himself. This risk won’t de-escalate unless he is engaged in focused work.
“It’s about ensuring he can manage his emotions so that this does not happen again.”
Appeals to Judge Jason Taylor KC from Lever’s wife and sister about his immense remorse moved the defendant to tears.
His sister added: “He needs a lot of help, and he has his whole family around to support him. He is becoming a better man for his children and his family.”
He received a three-year community order that requires him to carry out 200 hours of unpaid work, 12 mental health sessions, and up to 50 rehabilitation activity days, as well as pay £250 in court costs.
Judge Taylor explained why he took this “exceptional” action: “Multiple aggravating factors… are mitigated by genuine remorse and that you have taken notable steps to change your behaviour.
“A number of factors in your life have caused you PTSD and emotional instability.
“Those around you can see real change. For the first time, they are 100 per cent convinced that the shame you feel, the insight you have shown and your willingness to seek help means you have turned a page.
“I hope they are right. Only time will tell.
“This is not a lenient sentence that minimises the importance of what you did, nor is it a merciful sentence. It is a pragmatic one that reflects the reality on the ground.
“If you breach this order, you will receive a prison sentence of at least three years.
“Do not spurn this opportunity – you will not get another one.”
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel