A THUG who pulled a woman by her hair and grabbed her by the throat in front of his children in a city supermarket has avoided jail.
Luke Dayus previously tried to claim self-defence but was convicted of assault by beating at a magistrates court trial earlier this month.
Dayus was in breach of a suspended sentence handed to him a year ago for assaulting his partner, who is currently expecting their third child.
Alice Aubrey-Fletcher, prosecuting, said on December 13 last year the victim and her partner were in ASDA supermarket in Worcester, and were approached by Dayus and his partner.
"There had been an ongoing dispute between the couples over stealing money and cigarettes," the prosecutor said.
"The defendant started shouting "you are going to get it' at her [the victim]."
The prosecutor said the couples were walking away from each other when Dayus suddenly grabbed the victim from behind by her neck and throat, pulling her backwards and throwing her to the floor.
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Judge Nicholas Cartwright heard a personal victim statement in which the woman said she had been on edge after the incident and had been scared to leave her house fearing she would see Dayus.
Ms Aubrey-Fletcher said Dayus had 13 previous convictions including for battery and assaulting his partner (who he has now split from) in October 2021 when he received a jail sentence of 23 weeks, suspended 18 months.
The prosecutor added an aggravating factor had been the 36-year-old had been in the supermarket with his two children.
Jason Patel, defending Dayus of Thames Close, Worcester, highlighted that the probation service had judged he was making good progress on the requirements of his suspended sentence.
Mr Patel added Dayus' children had not seen the assault, having their back turned at the time.
The judge said given time already served and the credit reduction for his plea Dayus was owed, if he sent him to prison it would just be for days.
The judge said he would also take into account that the probation report said Dayus had "turned a corner."
The judge added: "It is rare case someone who has assaulted someone in the way you have, on a suspended sentence, and assaulted another woman, does not end up in custody - but there are reasons."
Dayus was given an 18-month community order requiring him to do 60 hours unpaid work, 15 rehabilitation activity days and complete a thinking skills programme.
The judge extended the suspended sentence to two years telling Dayus he had had his last chance.
Dayus was also given a three-year restraining order not to contact the victim, and was told to pay her £200 compensation.
The case was heard at Worcester Crown Court on Friday, (September 30)
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