A WOMAN who kicked her partner in the lower back has been ordered to pay more than £1, 000 in a fine and costs after admitting domestic assault.
Katherine Kellett, 39, kicked her partner Gary Smith from behind while he was talking to customers at the Black Horse Hotel in Hellifield, which they used to run together, and is now closed, heard Skipton Magistrates Court.
Earlier, they had disagreed about whether they should continue to serve a customer because of the amount of alcohol they had drunk, the court heard on Friday.
Prosecuting, Kelly Gallagher, said the couple had been in a relationship for 12 years until early last year when their relationship had broken down. They were both working at the pub in Main Street on August 27 last year.
She said Mr Smith was talking to customers at around 11pm when he felt a sharp and large impact to his lower back caused by Kellett kicking him from behind.
The kick Mr Smith said had exacerbated an existing lower spine injury which he was receiving treatment for. At the time, he was seeing a specialist and was due to have an operation at Leeds General Infirmary, said Ms Gallagher.
In a victim impact statement made at the time, and read out in court, Mr Smith said Kellett was aware of his injury, he could not understand why she had done what she did, and he wanted no further contact with her.
Kellett, now of Gisburn Road, Hellifield, and of previous good character, admitted assault by beating.
In mitigation, Keith Blackwell said the couple, who had two children, although no longer living together, had an amicable relationship.
He said Kellett accepted that she had kicked her former partner in his 'posterior area' but had not meant to cause any injury.
Mr Blackwell said: "She says it was not a very hard kick, there was no intention to inflict injury and it was more a delivery of a statement. She was upset to the extent that she broke the habit of a lifetime and has now lost her good character. She regrets what she did."
Kellett was now working hard as a chef elsewhere, and the Black Horse had closed, added Mr Backwell.
Magistrates fined Kellett £691 and ordered her to pay costs of £85 and a surcharge of £276. They turned down a request made by Mr Smith at the time for a restraining order, but added he could repeat his request if he still wanted one.
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