Derbyshire man took partner by the throat after being called “deadbeat dad”

Harry Hayward’s partner of three years struck the defendant in the face with her mobile phone while “defending” herself, Derby Crown Court heard.

A prosecutor heard how on April 16 last year the victim returned home with her and Hayward’s five-month-old baby.

The prosecutor said: “She found the defendant asleep on the settee – this angered her. She called him a deadbeat dad and asked if he had walked the dog, he hadn’t.

"It resulted in verbal abuse. He called her a whale and she said he was gay.”

The court heard Hayward, 31, then lunged at his partner, prompting her to strike him with the phone.

During another scuffle Hayward was said to have placed his hands around the victim’s neck, though he later told police his hands had slipped as he tried to restrain the woman with his hands on her collar bone.

In the aftermath of the violence Hayward fled the property after raiding his infant son’s piggy bank.

He later returned in his pushbike for his clothing, which was passed to him through a window.

Hayward, of Heanor Road, Ilkeston, had only two previous convictions for theft and drink driving, the court heard.

He admitted assault with actual bodily harm.

Judge Martin Hurst told him “This was an unfortunate scuffle between you and your partner at the time.

"You were both giving equal stick to each other but you did have your hands on her throat for a short time.”

The judge, noting Hayward was “essentially” of good character, handed him an 18-month community order with a building better relationships programme, 20 rehabilitation activity days and 50 hours unpaid work.