A MAN who humiliated his partner by trying to urinate on her during a prolonged assault has avoided being sent to prison.

Blackburn magistrates heard Darek Matysiak, who had been drinking vodka all day, kicked punched and throttled her.

He also took her phone so she couldn’t call for help and it was not until the following morning, when he left to get more alcohol, that she was able to leave the house and raise the alarm.

Matysiak, 42, of Stansfeld Street, Blackburn, pleaded guilty to assault. He was sentenced to 16 weeks in prison suspended for 24 months and made subject to a community order for two years with 35 days rehabilitation activity requirement and 100 hours unpaid work. He was also ordered to pay £200 compensation £85 costs and £128 victim surcharge and made subject to a restraining order for two years.

District Judge John McGarva described it as a very unpleasant incident which had lasted most of the day.

“Extensive violence was used and she must have been terrified,” he said.

“You humiliated her by trying to urinate on her, you tried to control her by taking her phone and she thought you were going to strangle her.”

Malcolm Isherwood, prosecuting, said the victim had received a text message from a male work colleague and this appeared to anger Matysiak who had been drinking all day.

The first physical contact came when she was in the bathroom washing her hands and he walked in and kicked her hard on the backside. In the evening she was watching TV when he started shouting about the message.

“She was shouting back because she was scared and hoped a neighbour would hear and call the police,” said Mr Isherwood.

“While she was on the sofa he came over and tried to urinate on her. He then put his hands around her throat and started to strangle her.”

Mr Isherwood said she went to bed but he followed her upstairs and wouldn’t let her go to sleep.

“Because she wouldn’t let him give her a hug he poured the rest of his beer over her head,” said Mr Isherwood.

Gareth Price, defending, said his client recognised that the aggravating factors pushed the matter over the custody threshold.

“To his credit he has pleaded guilty at the earliest opportunity, he has no previous convictions and he is in full-time employment,” said Mr Price.

“The author of the pre-sentence report says this man can be managed in the community.”