A Swindon man who launched a violent attack on a woman – after she tried to escape by climbing out of an upper-floor window – has been jailed.
Just seven days after Kelam Smith’s release from prison for a previous assault on the same victim, he sought out her new address and located her walking home in June this year.
Inside the communal area and fearing the 24-year-old would kick down her door, she attempted to call the police – but he took her phone, leaving her with no choice but to let him inside.
She attempted to escape by climbing out of her upper-floor living room window and shuffling along the outside of the building to an entering the communal area through an open window.
The incident continued, and later Smith attacked her – grabbing her hair and strangling her. The assault caused her to suffer an epileptic seizure, along with bruising to her neck and arm.
Police were called and the defendant was arrested. The victim in the case refused to provide a statement to police because she is in “real fear of what might happen if she were to report it”.
Leanne Woodman, prosecuting, told Swindon Magistrates’ Court on 7 September that Smith has a previous grievous bodily harm with intent conviction following an “unprovoked” stabbing. He also has a number of convictions for offences of violence against women in domestic settings.
She said that her committed the offences despite being banned from contacting her. “I have this restraining order and he still does this”, the victim said to officers when they attended the scene.
Emma Thacker, defending, said her client suffers with a number of mental health issues, including paranoid schizophonia and Cluster B personality disorder.
However, at the time of the assault, Smith had not been taking his medication – describing it as a “recipe for disaster”.
“Who’s fault is it that Mr Smith is not taking his medication? It’s Mr Smith’s fault he’s not taking his medication”, she commented.
Recorder Jodie Mittell sentenced him to 35 months imprisonment for actual bodily harm and imposed a new restraining order, which includes the victim’s now address and will last for five years.
“During one incident [the victim] climbed out of window onto some sort of balcony to get away from you”, she said. Adding that Smith has “a history of violence against this victim”
She also acknowledged that the probation service described him as having “exhibited no response for your actions” and that he has “refused to do the Building Better Relationships programme”.
Volume Crime Team Staff Supervisor Dan Cook said: “Smith posed a real danger to his victim and was sentenced earlier this year in April for assaulting the same woman. He was given a 4-month custodial sentence for that offence and a restraining order which he chose to ignore.
“Smith knew he should not be contacting his victim but upon his release from prison he intentionally sought them out at a new address.
“Smith’s victim climbed out of a window and onto the ledge of a building to escape him. It was there she was spotted by a neighbour, and we were alerted.
“He went on to commit a violent assault pulling her hair and strangling her before making off from the address once police were alerted.
“Smith’s victim was so fearful of him she would not give a statement, so this prosecution was carried out on evidence alone.
“I’m really pleased with the sentence that Smith received. It’s an example of how, despite the victim not in a position to support the investigation, a positive result was still achieved through the investigative work of Swindon Community Policing Team and the Volume Crime Team.
“We’d urge everyone to please let us know if you are fearful of someone’s actions – even if that is against someone you know.
“We will do our best to bring that person to justice and make Wiltshire a safe place to live.”
