Woman loses appeal against conviction for hitting her husband

Linda Turnbull, 48, was convicted of the common assault of her husband Kenny after a trial at Peterlee Magistrates’ Court.

She appealed against the conviction at Teesside Crown Court.

Uzma Khan, prosecuting, told the court she called the police to a domestic dispute in her home in Neville Road, Peterlee.

“Police constables Craig Smith and Alan Riddell attended,” said Ms Khan. “They found the defendant agitated, swearing and being generally abusive.

“In their opinion, she was drunk.

“She smashed a cupboard door, and threw a wine glass, which also smashed.”

The court was told Linda Turnbull struck her husband in the face in front of the two officers.

Linda Turnbull denied throwing a punch, saying she had tried to grab a cigarette from her husband’s mouth after he had refused to give her a pack of cigarettes.

Kenny Turnbull confirmed his wife’s story.

“I threw my head back,” he said. “She didn’t get the cigarette and certainly didn’t hit me, she never has.”

Cross-examining Linda Turnbull, Ms Khan asked her why she didn’t mention the cigarette story when police interviewed her 12 hours after the assault last October.

Linda Turnbull said she was confused by the officer’s questions.

The two police officers told the court they had both seen Linda Turnbull strike her husband in the face.

Dismissing the appeal, The Recorder, Mr Jamie Hill QC, sitting with two magistrates, said: “We have given this matter careful consideration.

“We find the police officers gave their evidence in a measured and considered way.

“The defendant, on her own account was ‘wound up’.

“We are satisfied so that we are sure that on the evidence she did strike her husband in the cheek, even though that may have been out of character for her.”

The court heard Linda Turnbull was ordered by the magistrates to pay £830 in fines and costs.

Recorder Hill said: “Having regard to the defendants financial circumstances, we are prepared to remove the fine element - £185 - of that sentence, and impose a conditional discharge of nine months instead.

“The defendant must still pay the costs of the magistrates’ court hearing of £625, plus the £650 costs of this hearing.”

The fines and costs will be added to Linda Turnbull’s existing fines account.

Recorder Hill ordered the consolidated sum to be paid at £10 a week.