Wesley Usherwood, 30, from Riverside Close, Kent, has pleaded guilty to common assault following a domestic incident on Soho Road, Handsworth, on July 28. The plea was entered at Birmingham Magistrates' Court, where Usherwood was seen grabbing a woman by the nape of her neck.
Usherwood was initially arrested on suspicion of kidnap after witnesses reported seeing him punch and drag the woman by her hair. However, his solicitor argued that CCTV footage from a bank showed no evidence of punching or dragging, suggesting the witness had "maybe got the wrong end of the stick."
Prosecution and Defence Accounts
Ms Begum, prosecuting, told the court: "A witness had seen him punching the victim multiple times to the head and dragging her by her hair while she was on the floor." In contrast, the defence solicitor said the CCTV "shows him grab a female from the nape of her neck" and that "she momentarily sits on the floor, then gets into the vehicle with him of her own volition."
The discrepancy between the witness account and the CCTV footage has led the court to schedule a Newton hearing, a legal procedure where a judge determines the facts of a case when a defendant pleads guilty but disputes the prosecution's version of events.
Newton Hearing Scheduled for April
Deputy District Judge Hinder said a Newton hearing, scheduled for April, would be needed so the "court can decide which version of events is to be accepted." This hearing will be significant in determining the sentence, as the court's acceptance of either version will affect the severity of the punishment.
The case highlights the importance of CCTV evidence in domestic incident cases, where witness accounts and defendant statements can often conflict. The outcome of the Newton hearing will ultimately shape the final sentencing decision for Usherwood.
