POLICE saw a man spit in the face of his partner during a row outside a Penrith pub.

Anthony Miller, 42, was brought to court despite the woman not co-operating with the prosecution of him for an offence which occurred on January 14.

George Shelley, prosecuting, told Carlisle magistrates’ court two police officers had been on mobile patrol in the Castlegate area of Penrith at around 8.45pm on that date.

“They were flagged down by a member of the public. They could see a disturbance at the entrance of the Castlegate Arms.

“The defendant could be seen to be shouting at a female being held back by another female. As they (the police officers) were getting out of their vehicle, they both witnessed the defendant spit in the face of the female,” said Mr Shelley.

Miller was arrested, made no comment when interviewed and was said to have 20 previous offences on his criminal record. The woman had not co-operated with the police investigation. She and Miller had since been reunited, the court heard.

Miller had admitted assault by beating at a previous hearing, and his case was adjourned for the preparation of a probation service pre-sentence report.

He was given his punishment today (Monday) when Kate Hunter, defending, told: “There is remorse from Mr Miller.”

The incident, she said, should be viewed in the context of his 'emotional response' to news he had received on that occasion.

Miller, an HGV driver, was due to start a new job next month.

“Spitting at anyone is a repugnant offence,” said District Judge John Temperley as he passed sentence.

“Spitting at someone who was your partner — and still is your partner — even more so.

“It is quite clear from the (probation service) report there is a total loss of emotional control by you on this occasion.”

However, District Judge Temperley accepted there was genuine remorse on Miller’s part, and a willingness to to learn from his criminal conduct.

Miller, of Greystoke Park Road, Penrith, was given a 12-month community order and must complete a 20-day rehabilitation activity requirement. “You need to be extremely careful in the future and learn from this,” the district judge also told him.