A man sent threatening messages to his ex-partner on Christmas Day and Boxing Day, including threats to kill her.
Stephen Clarke, 36, was being sentenced for a breach of restraining order and sending malicious communications.
He appeared at Preston Crown Court alongside Paul Mooney, 29, with the pair also being sentenced together for offences of assault occasioning actual bodily harm and affray.
The court heard how Clark had been in a relationship with his ex-partner for 11 years,but had been given a restraining order against her due to a conviction of criminal damage in 2021.
The conditions of that order were for no contact between the pair and for Clark to not attend her address.
She said this order has been breached several times leading up to December 25, 2022, and on that date he attended the house again.
When asked to leave, he left several threatening messages towards her and her family.
These included, ‘You and your family are going to see fireworks’ and ‘You want to play games? We’ll see who’s most daring.’
Clark also sent messages to his ex partner’s sister and when told she ‘would be alive tomorrow’, he replied: ‘Not if I set her alight’.
As well, he sent another message saying ‘You better sleep with one eye open because I’m going to set you alight.’
During a police interview, he said he had personally not had any contact with his ex while the restraining order was in place. He answered no comment to all other questions.
Clark, whose last given address was HMP Leeds, spent 149 days on remand for the offence of sending malicious communications, but was released on bail by Bradford and Keighley Magistrates’ Court to be sentenced alongside Mooney for their roles in the second offence.
In this incident, on July 31, 2021, a man was walking towards his car in Burnley town centre at around 2.30am when he saw another man crying and banging his head against a window, appearing distressed.
Around 20 minutes later when he had got into his car, he saw him again, running towards another man near the Bees Knees nightclub, and saw him get knocked to the ground by a single punch from Clark.
While he was on the floor he was kicked several times by Clark and Mooney, leaving him unconscious and blood pouring from his nose.
Mooney, of Briercliffe Road, Burnley, answered no comment in interview. Clark denied being responsible for the assault and said he did not know the victim or who was responsible.
Mitigating for Clark, Ella Embleton admitted a term of immediate custody was inevitable due to the nature of the offences.
She also said the messages and voicemails sent to his ex-partner came as a result of being drunk.
Sarah Magill, mitigating for Mooney, said it was a case of “two people on a night out reacting wholly inappropriately.”
However, she said the victim in the case was “swinging his arms at just about anyone who came across his path.”
Sentencing, Recorder Michael Blakey said: “On July 31, 2021, in Burnley, a witness walking to his car saw the victim crying. Twenty minutes later he saw him again, running after three men.
“He was unconscious while on the floor.
“I have seen a video of the incident and it’s quite clear the victim, if not looking for trouble, was certainly worse for wear in terms of drink and ought to be thankful to his friend for holding him back.
“You, Clark, are also due to be sentenced for breach of a restraining order and sending malicious communications.
“You were told to leave and you send multiple messages threatening her and her family. That made her worry.
“During interview you denied the offence.
“You have a number of previous convictions, including battery, harassment, and sending a malicious message.
“Why you behaved in that extreme way is a mystery. I understand there are conflicts in families but what you did was far in excess of what any normal individual would do.”
Recorder Blakey sentenced Clark to a total of 16 months in prison for both offences.
Mooney was given an 18-month community order with 30 rehabilitation activity requirement days.
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