A JUDGE refused to sentence a man for domestic violence because there were "so many things wrong" with the case he did not want to be associated with it.
Glyn Harrison, 40, admitted assault occasioning actual bodily harm and was due to be sentenced at Hull Crown Court yesterday.
But Judge Graham Robinson halted proceedings after identifying several problems and said Harrison would be sentenced by a different judge later this month.
The court heard the victim's witness statement about the attack was so different to the basis of plea – the version on which Harrison admitted guilt, which had been accepted by the Crown – that they would lead to "significantly" different sentences.
Phillip Evans, prosecuting, said the basis of plea had been accepted by the complainant and he was happy for Judge Robinson to sentence according to that.
But the judge said: "There is no common factual basis between the basis of plea and the witness statement.
"This man is a serial abuser of women. This offence was committed one month and one day after his last conviction for beating this woman."
The judge asked to see colour photographs of her injuries, which included a missing tooth, but was told only black and white versions were available, despite Mr Evans asking for them three weeks ago.
Judge Robinson said: "No sufficient time to get colour photographs to the judge – how pathetic is that?
"This looks like a pretty serious injury."
He asked Mr Evans: "Does the prosecution invite me to sentence on the basis of the material before me today?"
"Yes," said Mr Evans.
"Very well, I will do so," said the judge.
Mr Evans said Harrison and the woman had been in a relationship for about a year and she had called police on a "number of occasions" to report violence.
"How many (times)?" asked the judge.
Mr Evans said the woman did not say in her witness statement.
"Well, the police must have that information, but you don't," Judge Robinson said.
Mr Evans said it was fair to point out the complainant had herself been the subject of court proceedings, but the judge said he did not have her record before him.
This was for possession of a bladed article, which she got to arm herself after being attacked, and for which she was sentenced to unpaid work.
Opening the case, Mr Evans said on the day of the assault, June 28, the couple had been drinking in Hull city centre for five hours, returning to her home after 7.15pm.
After Mr Evans gave more details, Fiona Tannock, defending, said the judge could only sentence Harrison on the basis of plea, and not the case as outlined by Mr Evans.
Mr Evans then suggested the judge could hold another hearing to establish the facts, at which point Judge Robinson put his head in his hands.
He asked the prosecutor if he had read the pre-sentence report, which Mr Evans had not.
The judge said it contained details of an overheard conversation in prison in which Harrison had asked for the victim to be contacted to drop the charges against him.
The judge said: "There are so many things wrong with these proceedings that I'm not prepared to have my name linked to them. I'm going to adjourn this case. I want a very full statement taken from the victim in which she makes it plain which part of her case she stands by and which she abandons."
Harrison, of Coltman Street, west Hull, is now due to be sentenced on August 22.
