Sunderland thug tightened belt around sleeping woman's throat in terrifying attack
by Rob Kennedy · ChronicleLiveA woman woke to find a man tightening a belt around her neck in a terrifying attack.
The victim was unable to breathe or speak as Mark Maginnis squeezed the belt around her throat, with the buckle digging into her skin. When he eventually panicked and loosened it, she was left gasping for air and her throat was bruised and sore.
Maginnis, 38, of Houghton Road, Newbottle, near Sunderland, denied attacking the woman but was found guilty of assault occasioning actual bodily harm by a jury at Newcastle Crown Court. As he was sentenced, the court heard how the violence had impacted the victim.
Prosecutor Vince Ward told the court: "She was unable to pursue a chosen career in domestic violence support because she became a service user and that is a significant impact on her life.
"She is now unable to have anyone touch her on her neck, including her children." The court heard the woman, who can no longer use belts or have them around her, said she is unable to leave the house without preparation time and medication and is now hypervigilant about safety and security at home.
She said she now struggles to sleep and relives what happened to her when she does manage to drop off she then wakes up screaming. Mr Ward added: "This has ruined her trust with all people, particularly males. She's in a position where she is convinced those around her are planning to do something evil to her. She feels safe with no-one."
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The court heard Maginnis, who has no previous convictions, was drunk at the time of the attack. He was convicted of assault occasioning actual bodily harm and was sentenced to 21 months suspended for two years with 100 hours unpaid work and an alcohol abstinence monitoring requirement for 90 days.
He was also given a five-year restraining order and will be tagged as part of a monitoring requirement for four months which the judge said was to "reassure the complainant you are being monitored while you become used to the conditions of the restraining order".
Judge Penny Moreland told him: "You continue to deny any responsibility for that which the jury were sure you had done. The jury were sure you tightened a belt around (her) neck, causing her bruising and soreness.
"She woke to find you had put the belt around her neck. She told you to get off but you continued to tighten the belt.
"You held her hands to prevent her stopping you doing what you were doing. The belt was so tight it was impossible for her to talk or breathe.
"Then, it seems, you panicked and loosened the belt. She was gasping for air and she had soreness and bruising to her neck from the pressure applied from the belt, particularly where the buckle of the belt had been pressing into her neck.
"This was clearly an act of strangulation and she was obviously vulnerable because she was asleep when you decided to assault her in this way."
Lee Fish, defending, said Maginnis previously worked as a fork lift truck driver and that he hopes to return to employment. He added that Maginnis also has caring responsibilities for his dad.
Mr Fish said Maginnis acknowledges that at the time of the offence he was having difficulty controlling his temper. He went on to say, in reference to Maginnis having been remanded in custody: "He has already lost his liberty for two months and there is an opportunity for a more constructive way forward to try to help the defendant on his journey to rehabilitation."
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