Mablethorpe man who left former partner "scared for her life" spared jailed
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Stephen Maginnis, 62, left his former partner "scared for her life" after he returned to her home in Maltby le Marsh to collect some of his belongings.
Lincoln Crown Court heard Maginnis, a self employed plumber, also parked his van behind the woman's car which prevented her from leaving the property with her teenage son.
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Hide AdRichardo Childs, prosecuting, said the couple had been in a relationship for around five years but the affray occurred on August 10 last year after Maginnis had recently moved out to his mother's address.
During the incident, Maginnis also went into the garage and threatened to take his own life, Mr Childs told the court.
The affray followed a previous assault in July 2020 when Maginnis recklessly pulled out one of his partner's earrings and scratched her neck during a verbal argument.
In an impact statement which was read out in the court, the victim said: "On the day of the hammer attack I was scared for my life."
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Hide AdThe woman said she also felt unable to protect her teenage son.
Maginnis, of The Strand, Mablethorpe, admitted two charges of assault occasioning actual bodily harm in July 2020 and affray on August, 10 2023.
Nicola Patten, mitigating for Maginnis, the incident in August 2023 occurred on the anniversary of his own adult son's suicide which Mr Maginnis had "kept deep down" and urged the court to consider a suspended sentence.
"This is an incident where he has acted completely out of character after leading an otherwise law abiding life," Miss Patten told the court.
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Hide Ad"It was a very happy relationship to begin with," Miss Patten added. "Although it is clear things went awry and there was the incident in July 2020, when he pulled out an earring, there was a verbal argument.
"When he found his belongings in the garage the red mist came down," Miss Patten said.
"He didn't go there with the intention of picking up the hammer and apologises for his actions.
"He is not a violent man."
The court heard Maginnis worked as a self employed plumber and had a good reputation in the local area.
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Hide AdPassing sentence, Judge James House KC told Maginnis he had come a "hair's breadth" from being sent straight to prison.
But Judge House said he accepted Maginnis was "not thinking straight" because of the loss of his son in 2020 and still needed help.
Maginnis was sentenced to 17 months imprisonment suspended for 18 months.
He must also complete 150 hours of unpaid work and 30 Rehabilitation Activity Requirement days.