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David Gomez a South
Warwickshire cafe owner and web developer with Cotswold Media,
attacked his estranged wife, fracturing her collarbone, after letting himself
into her home and finding her with another man.
And at Warwick Crown Court David
Gomez, who runs Cafe Rico which he had set up with his wife in
Shipston-on-Stour, was jailed for 12 months.
Gomez,36, of New Street, Shipston, had pleaded guilty
to inflicting grievous bodily harm on his wife Sarah Prosecutor Sarah Allen
said that in February Gomez and Miss Sweeney, who had separated after nine
years together, had been at the same party in Shipston when she left with Mr
Bradley and went back to her home nearby.
"The defendant took it upon himself to
enter her home unannounced and uninvited and on seeing her with Mr Bradley he
became upset and assaulted Mr Bradley, causing a small lump to the side of his
forehead."
Gomez then turned his anger onto Miss
Sweeney and after following her into the bathroom of the flat he pushed her,
causing her to fall against the side of the bath, fracturing her collarbone.
Judge James Pyke observed that Miss Sweeney
had said she also suffered a fractured wrist but Rhona Campbell, defending,
said the medical evidence did not support that.
Miss Allen said the police were called by
worried neighbours who had heard the noise of the attack and when he was
arrested Gomez admitted the assaults, during which he was verbally abusive
towards Miss Sweeney.
He explained that he had let himself in with
keys he had retained following the break-up of their relationship, added Miss
Allen.
Miss Campbell said that although she had
retained her own surname, Miss Sweeney and Gomez, who had a young daughter, had
married five years ago.
They had moved from London to the Cotswolds and decided to set up
a business together, opening Café Rico in Shipston.
But in the run-up to the incident in
February their relationship had begun to suffer and they separated.
They had continued to work together at the
café and on the evening of the incident there was further discord between them
before they had both gone on to the same party.
Miss Campbell said Miss Sweeney left the
party with Mr Bradley to go back to her mother's old address, where she had
been staying since the break-down of the marriage.
When Gomez let himself in, he saw them there
and carried out the attacks.
Miss Campbell conceded: "No part of my
mitigation is to suggest that anything that happened is anything other than a
thoroughly unpleasant and unforgivable incident."
But she said Gomez was "genuinely
remorseful" for what he did and asked the Judge to suspend any prison
sentence, adding that if he was jailed, the café - which employs four people -
would shut down.
But jailing Gomez, Judge Pyke told him:
"The degree of violence you engaged in was such that your wife suffered a
fractured collarbone and extensive bruising.
"I have regard to the degree of
emotional stress to which you were subject. But making all the allowances I
can... no lesser sentence than an immediate sentence of imprisonment can be
justified."
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