A dad who hit his teenage daughter on the head with a heavy stein glass has been spared jail.
The 40-year-old, who we are not naming due to a court ban on identifying the victim, lashed out during a family row.
While it was accepted he never intended to strike the girl as he went to throw his drink over her, a judge said the glass must have been “thrust” at her rather than “flicked” as the defendant contended.
The stein – a traditional German beer mug – did not break but she was left with what was described as a “nasty” gash above her eyebrow, as well as swelling and scarring.
The father, who admitted wounding, was said by his barrister Nadia Semlali during his sentencing hearing on Thursday (January 16) to be “extremely remorseful” for his actions.
“It was a situation that blew up and it was an accident,” she told Maidstone Crown Court. “He didn’t intend this. It was impulsive, spontaneous and a short-lived incident which sadly resulted in the injury sustained.
“This was an isolated incident completely out of character.”
Imposing a nine-month jail term suspended for 18 months, Judge Julian Smith said the violence had had “catastrophic” consequences not just for his daughter but also the family.
“Most parents and their children will disagree. It is undoubtedly the case that disagreements can be painful, hurtful, wounding and difficult to overcome. But they are, generally, overcome,” he added.
However, the judge remarked that their argument had become heated and, having “persisted over an extraordinary amount of time”, culminated in a confrontation and “an act of stupidity and recklessness”.
“You raised a glass – a heavy stein with that solid glass bottom – and went to throw its contents over her,” the judge told the defendant.
“I’m not sure what can be said in terms of the logic of that. Whether you were going to teach anyone a lesson, and whether that can ever be considered as appropriate, you did it.
“But you didn’t just do that. Your reckless behaviour brought the Stein into contact with her head and caused a wound which was significant.
“She was sitting on a chair in the front room. You confronted her and it’s said you flicked the glass. You must have thrust the glass but I accept you didn’t deliberately set out to do what you have done, which was to strike her with it.”
Judge Smith concluded that in deciding immediate imprisonment was not necessary he had taken account of the impact of custody on other family members as well as there being a realistic prospect of rehabilitation.
As a condition of his suspended sentence, the dad, who lives in the Maidstone area, was initially ordered to carry out 180 hours of unpaid work.
However, when asked if he consented to this – as judges are required to ask – he unexpectedly objected, enquiring as to how he would fit it in around his 70-hour working week.
This prompted Judge Smith to tell the father that unpaid work was part of the punishment.
“I appreciate you work long hours. You are not alone in that. But you can adjust your hours to meet this order or, if you are unprepared to do that, I may have to review whether this can be suspended,” he warned.
Having then spoken to his barrister at the back of the court, the defendant agreed to comply with the unpaid work requirement, albeit it was, following reflection by the judge, reduced to 150 hours.
He was also ordered to complete a 12-month mental health treatment requirement, pay £800 court costs and a £187 victim surcharge, and was handed a five-year restraining order banning contact with his daughter.
At the end of the hearing, Ms Semlali told the court the victim had been “antagonising” the defendant through social media.
Judge Smith said he recognised there was “a great deal of anger and tension on both sides” but asked for “calmness” and for no one to “stoke the fire”.
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