Woman repeatedly punched man in street after they fell out over horse

2022-06-30

Hammer-wielding woman repeatedly punched man in the street after they fell out on Facebook over his treatment of horse named Daisy

Kirsty Smith, 33, charged at a man with a hammer and punched him four times
The pair were friends but argued over the welfare of a horse the man took care of
Smith says she felt fear when he arrived in her Stoke-on-Trent street in July 2020
She received a 12-month community order for inflicting a head wound upon him

A woman who punched a man in the head four times while wielding a hammer in front of frightened onlookers has been spared prison.

Kirsty Smith, 33, charged out of her home in Stoke-on-Trent, Staffordshire, on July 13, 2020, brandishing the tool in the street before lashing out at the man with her fist.

The man suffered a wound to his head. Now Smith has been handed a 12-month community order.

Stoke-on-Trent Crown Court heard Smith shared an interest in horses with her victim but the pair fell out after an exchange of messages on Facebook about her concerns for the welfare of a horse named Daisy.

Smith claimed she felt fear when the man turned up unexpectedly in her street with two other people.

Prosecutor David Jackson said the defendant and her victim had known each other for four years.

Kirsty Smith (pictured outside court), 33, charged out of her home in Stoke-on-Trent, Staffordshire, on July 13, 2020, brandishing the tool before lashing out at the man with her fist.

Mr Jackson said: ‘They got on well until November 2019 when they had a fall out over Facebook.

‘Matters came to a head on July 13, 2020 over a series of messages concerning a horse called Daisy looked after by the man. He arrived at her home at 2pm with a woman and another.

‘The defendant came out and ran past the woman towards the man carrying a hammer. She lashed out with her fist four times connecting with his head. He managed to push her away.

‘She went back inside her house. He realised he was bleeding from a head wound. The defendant was arrested.’

In her police interview Smith said she had been threatened.

Smith pleaded guilty to assault occasioning actual bodily harm. Her plea was on the basis that a number of people attended her home and she felt threatened and frightened.

She accepted she made contact with the man’s head and caused the injury with her jewellery, including a sovereign ring.

Stoke-on-Trent Crown Court (pictured) imposed a 12-month community order on Smith with a rehabilitation activity requirement for 35 days. She was also made the subject of a restraining order which prevents her from contacting her victim for three years

Anis Ali, mitigating, said Smith was ’embarrassed’, ‘ashamed’ and ‘anxious’ and fearful of the potential consequences of the court hearing.

Mr Ali said: ‘She will maintain that the offence is a culmination of a number of months of perceived harassment, intimidation and threats that came towards her by the complainant. There were references to a hospital bed and a bullet. It is no surprise that she felt in fear.

‘She was anxious and shocked. He was in the company of others. Her reaction was spontaneous, impulsive and it was short-lived in duration.

‘It was excessive self-defence and the injury was caused by her jewellery. It was not intended as a weapon and not used as a weapon.’

As part of the community order, Smith must complete a rehabilitation activity requirement for 35 days. She was also made the subject of a restraining order which prevents her from contacting her victim for three years.

Judge Graeme Smith said: ‘Almost two years ago you caused injury to this man. Fortunately the injury was relatively minor.

‘There was an exchange of messages concerning a horse and the wellbeing of that horse. That resulted in him coming to your property. He was not on his own. You were abusing him on Facebook. He was abusing you.

‘When he came, I accept you were anxious and fearful. It does not excuse what you did. What you should have done is stayed inside and not gone out to confront him and you would not be here today.

‘You struck him with your hand and you happened to be wearing jewellery which contributed to his injury.’

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