After he was warned not to touch booze while his partner was out Christmas shopping a serial domestic offender did just that and then attacked her when she came home.
Barry Malone (35) also threw the presents she had brought home against a door when she told him to leave the house because he had been drinking.
Appearing from custody at Falkirk Sheriff Court last Thursday, Malone had pled guilty to the assault he committed in Lomond Drive, Langlees on December 12 last year.
Procurator fiscal depute Liam McGuigan said the witness and Malone had been in a relationship for four months, but had known each other for 15 years. When the woman went out Christmas shopping she told Malone not to drink alcohol.
“She returned at 8.30pm,” said Mr McGuigan. “And when she entered the kitchen and saw the open alcoholic beverage she realised he had been drinking and asked him to leave the address.
“There was a disagreement and she slapped Malone across the face. He grabbed her by the throat and held her against the wall, but she managed to push him away and outside onto the street, closing the door.”
The court heard Malone, who had been remanded in custody since December 13, supposedly threw the bag of Christmas presents his partner had purchased against a door and told her she could keep them.
He committed two domestic offences in 2017 and another in 2019.
Stephen Biggam, defence solicitor, said: “He is best described as short tempered at the best of times – he becomes obsessive, short tempered and aggressive. He is someone with low insight into his behaviour.”
Sheriff Derek Livingston said he accepted there was some element of provocation in this case, but there was no alternative to custody.
Malone was sentenced to 100 days in prison, back dated to December 13. He was also made subject to a non harassment order not to contact his former partner or enter Lomond Drive for 12 months.