Penis picture provoked assault

Drunken Donna Hamer didn’t see anything funny about it, started calling Rick Scherzo “gay” and battered him with a wooden kitchen roll holder. She had sunk her teeth into his hands and threatened him with his own 12-inch chef’s knife, even though he had told her the picture was just a joke.

Pennine magistrates were told how the defendant and victim had previously split, but had then got back together after Hamer said she was pregnant. She later told him she had miscarried at 12 weeks and he told police: “I don’t know if she was ever pregnant in the first place.”

The defendant now is “ heavily “pregnant” and while Mr Scherzo does not want a relationship with her, he does want contact with the child.

Hamer (28), of Leeds Road, Nelson, admitted assault by beating. The defendant was given a community order and must attend the Lancashire Women’s Specified Activity Requirement. She was also ordered to pay a £60 victim surcharge and £200 costs.

Sentencing, bench chairman Mr David Bennett told the defendant: “This was a serious offence and concerned us somewhat because of the nature of the offending, it was in alcohol and the presence of weapons. There is always an enormous risk and the consequences can be horrendous.”

Miss Enza Geldard (prosecuting) said Hamer and Mr Scherzo were both at home and the victim was chatting to his male friend, who is gay, on the computer. As a joke, he sent Mr Scherzo a picture of a penis. The prosecutor continued: “He says Donna Hamer saw this picture and has gone mad. She started calling him gay and wouldn’t let it go, although he told her it was just a joke.”

Miss Geldard said the defendant punched her then boyfriend in the face and bit both his hands as he was restraining her. She started hitting the victim again and the pair tried to calm it down. Hamer then began striking him again, he punched her in the face in self defence and she went into the kitchen, came back with the kitchen roll pole and set about him with it.

Mr Kamran Yousaf (defending) said the incident was fuelled by alcohol. The solicitor continued: “Clearly, she was aggrieved when she saw that image on the computer and confronted him. She found it offensive and disgusting, but she acted wrongly. She shouldn’t have done what she did.

“ She was clearly angry. She admits assaulting the complainant in order to prevent him from assaulting her. She didn’t intend to injure him. She used these weapons to threaten and intimidate the victim

“Since this incident she has stopped drinking, because of the incident and because she’s pregnant. She is remorseful and regrets this incident.”