A badly bruised woman who was charged with assaulting her boyfriend by throwing a pizza box at his head has been granted an absolute discharge at court.
The verdict means Rebecca Edgley, who was left with multiple injuries after an alcohol-fuelled row with partner Steven Strang, was not convicted of anything – despite being found guilty.
The court heard she twice threw a box, containing pepperoni pizza, at her then-partner “out of frustration.”
During a trial at Perth Sheriff Court, Mr Strang admitted punching her in the face in a bid to restrain her.
Mr Strang, who said he escaped the property after shutting Edgley inside a cupboard, called 999 and reported the assault.
During the call, Edgley appeared to slap him.
Mr Strang was heard saying to her: “Self defence, b*****.”
‘Clearly some sort of fight’
Edgley, 25, was found guilty of assault following the day-long trial.
Sheriff Gillian Wade told her: “I’ve considered all the evidence in this case.
“I cannot say with absolute certainty what happened in the flat but clearly there was some sort of fight.
“By your own admission, you threw a pizza box at him on two occasions and that is an assault – not a severe one but it is an assault.”
She also found Edgley guilty of slapping her boyfriend outside the house, while he was on the phone to a 999 operator.
We have seen the injuries you received. You clearly came out worst from this fight.”
Sheriff Gillian Wade
The sheriff added: “This was an extremely anxious case.
“Drink was taken and it was a hostile situation where both parties were aggressive and violent towards one another.
“The fact is that by throwing the pizza box, you escalated matters to a physical altercation.
“We have seen the injuries you received.
“You clearly came out worst from this fight.
“And it doesn’t appear that he was injured in any way at all.”
She added: “I find that the facts of this case have been established but I accept that this was a toxic situation, which is now over.
“In these very unusual circumstances, I am going to grant an absolute discharge.
“I would only do that in exceptional circumstances but I think that these are exceptional circumstances.”
Boyfriend’s punch with clenched fist
Mr Strang told the trial he tried to get his girlfriend to “calm down” after she attacked him.
“I pushed her away from me and she just kept coming at me.
Giving evidence from behind a screen, Mr Strang told the court he punched Edgley on the jaw with a clenched fist.
He claimed she tried to assault him again.
“I grabbed her to restrain her,” he said.
Mr Strang said as he tried to leave the flat, he held Edgley “like a bear hug” and put her in a storage cupboard and shut the door.
“I held that door shut while I opened the front door,” he said.
He dialled 999 and during the call, which was played in court, Mr Strang is heard shouting: “Self defence b****, f*** off.”
Bruises shown in court
Giving evidence, Edgley admitted she threw the pizza box, with the pizza inside, at Mr Strang because she felt upset and frustrated.
The pair had fallen out after Mr Strang got into an argument at the pizza takeaway, she said.
When he walked into the living room, she followed him and threw the pizza box at him again.
“I didn’t want to hurt him,” she said. “I was just upset.”
She said that as well as being punched, Mr Strang held his arm around her neck.
“I bit him to get him off me,” she said.
The trial saw pictures of Edgley’s bruises on her back, face and arm.
She also had to spend between £70 and £80 to get her hair extensions repaired, after she said they were ripped out.
Reduced charge
Fiscal depute Joanne Ritchie said: “This is an unusual set of circumstances, given that the accused has suffered more injuries than the complainer.”
Solicitor David Holmes said that Mr Strang’s remark on the 999 call – “self defence b****” – showed “vitriol”.
He added: “It’s hard to imagine why hair extensions are being pulled out in an act of self defence.”
Mr Holmes said: “She is glad not to be in a relationship with this person anymore.”
Edgley, of Muirhall Road, Perth, was originally charged with assaulting Mr Strang at their flat in Inch Head Terrace on May 23 by repeatedly kicking and slapping him, throwing a pizza box at his head, pulling his hair and biting him, all to his injury.
She was found guilty of a reduced charge of assault by throwing a pizza box at Mr Strang and slapping him on the head.
What is an absolute discharge?
Under the Criminal Procedure Scotland Act (1995) a court can give an absolute discharge, even if an accused has pled, or been found, guilty.
This will be instead of conviction for the crime when, according to the legislation, “it is inexpedient to inflict punishment”.
In effect, it acts as if the accused had never been convicted at all.
