Judge criticises prosecutors for limiting sentencing in domestic abuse case

A FRUSTRATED judge sentencing a serial domestic abuser criticised prosecutors for tying his hands by preventing him from imposing a longer jail term.

Judge Michael Slater said Adill Hussain (32) should have been charged with affray, which carries potentially stiffer punishment than the lesser offence of assault, after his latest attack.

Sheffield Crown Court heard Hussain, of no fixed address, had been in a relationship with his victim for five-and-a-half years and had repeatedly been prosecuted for domestic violence against her.

Ms Kristina Goodwin, prosecuting, said in the latest incident in February, Hussain went to the hotel where the victim was staying and assaulted her.

The woman told police she had feared for her life while Hussain was still at large, but refused to make a statement.

Staff from a domestic violence service said she was suffering rom complex PTSD, depression and anxiety and there was evidence “her mental health suffers when the defendant is present in her life”.

The court heard Hussain had 13 previous convictions for 21 offences dating back to 2005.

Several included battery of the same victim and had led to prison sentences of up to 22 weeks.

Ms Goodwin said because of Hussain’s abuse, the victim had moved out of her home and into a hotel, but he had gone there and assaulted her.

She said he had a proven history of violence and non-obedience to court orders.

Mr Graham O’Sullivan, mitigating, said Hussain wanted to move on from the relationship, which he described as toxic.

He added: “He has a difficult background of his own and as a child witnessed domestic abuse.

“He sustained a brain injury at 16 and it had an impact on his cognition, and has his own health difficulties including anxiety, depression and borderline personality disorder.”

Judge Slater told Hussain: “I accept you have your own challenges but that’s no excuse for your violent behaviour towards [the victim].”

The judge, who also imposed a restraining order, sentenced him to four months in prison, telling him: “Had you been charged with a more serious offence and fallen to be dealt with for that, you would have been looking at years rather than months.

“My hands are tied in terms of what I can do.”