A CUMNOCK man who assaulted his then-partner while she was 29 weeks pregnant has been jailed. 

Joseph Smith was handed a prison sentence after pleading guilty to a single charge of assault.

The 23-year-old had been in an "on and off" relationship with the woman for seven years but did not reside together, Kilmarnock Sheriff Court was told.

The incident happened at the woman's home address in Kilmarnock on December 20 last year.

The court was told two witnesses had become aware of a "disturbance" coming from the flat occupied by Smith and his then partner.

"They heard a female screaming and said she sounded terrified," the fiscal continued.

One witness heard what he thought was someone being struck, described as "a unique sound like skin-on-skin contact".

They heard further sounds which they thought suggested someone was being choked and doors were being slammed, so contacted police.

Officers went to the address and spoke to the two witnesses; police then tried to get entry to the flat.

At first there was no response, but the accused eventually answered the door, and police noticed signs of a disturbance.

Smith's then-partner spoke to police, who noted it was "obvious" she had been crying and spotted a large red mark on her right cheek.

 

The court was told the woman had appeared hostile, saying she did not like police, denying anything had happened and saying she was simply upset because of being pregnant.

However, because of her apparent injury, paramedics were called to assess the woman.

She then admitted Smith had started shouting at her and arguing. She said he had hit her with an object, but she couldn’t tell what object was.

As a result of her injuries, and what she had told paramedics, the womanwas taken to A&E to be assessed further.

During the journey to hospital she gave a statement downplaying the incident and was not co-operative.

At the hospital the woman first claimed to have fallen, before telling a doctor she had been assaulted in the bathroom earlier in the day.

The woman was checked over and medics concluded all was well with both her and her baby, who the court was told had since been born fit and healthy.

Smith was officially arrested while at Kilmarnock police station.

Colin Adam, defending, said Smith had been living in Cumnock, and not with his then partner, at the time of the incident.

Mr Adam added: "Their argument was about his belief that she had been unfaithful.

"He accepts that he slapped her on the face, but that was the end of any physical assault.

"He was not difficult with police, and was not under the influence.

"He accepts that given his behaviour in the past, there is only one option with his sentence."

Sheriff George Jamieson sentenced Smith to 14 months in prison, backdated to December 2023, when he was first remanded.

 

A non-harassment order was also imposed, banning Smith from having any contact with his victim for two years.

The court was told Smith and his victim are no longer together.