Penrith woman narrowly escapes jail for attack after 'provocation'

The woman who was assaulted by 33-year-old Nikita Betts later suffered flashbacks as well as a long-lasting physical injury to her arm, though the defendant claimed that resulted from the woman's later attempt to correct her dislocated shoulder.

At Carlisle’s Rickergate court, Betts, of Castle Court, Castlegate, Penrith, admitted an actual bodily harm assault, and an unconnected disorderly behaviour offence, and cannabis possession.

Diane Jackson, prosecuting, outlined the facts.

The most serious offence, the assault, happened on February 12 in Penrith, while the victim was talking to somebody who had stopped his car outside the property where the defendant was visiting a friend.

Moments after the woman began talking to the driver, Betts emerged from the nearby property and strode over, immediately yelling at the woman. There was a reference to an assault which led to a man being jailed.

Betts launched herself towards the woman, punching her as a man who was nearby tried to put himself between the two women. “I was terrified of what she would do,” the woman later said, describing Betts as angry.

She said she had no idea what provoked the violence.

The woman said that, at one stage, she kicked Betts in the stomach as she tried to defend herself. The woman said: “She continued coming at me, flailing her arms; I felt she wanted to cause me serious harm.”

She described what happened as “totally unprovoked and malicious.”

Mrs Jackson read extracts from the woman’s victim impact statement. She spoke of worrying about her safety if she were to encounter Betts and feeling “constantly on edge.” She no longer wanted to leave home and suffered panic attacks and flashbacks.

She struggled to sleep, and was in “constant pain”, experiencing pins and needles in her arm and fingers due to nerve damage in her shoulder.

The court also heard about the second offence, committed on August 9, when Betts was guilty of using threatening and abusive behaviour. It happened at Arnside Court in Penrith, when Betts attempted to punch a woman to the head.

The assault was prevented by a man who intervened.

Linsey Oldham, defending, said Betts had “lost it” when she saw the victim speaking to a person outside the property, which she was visiting to check on the mental health of a friend.

The lawyer suggested the victim had tried to “hurt" Betts emotionally.

The offending was linked to the defendant’s alcohol use. “She relapsed last year following a new relationship which had domestic violence,” said the lawyer. “He is now in custody, and she's keen to address her alcohol use.”

Betts had no recollection of the second offence, when she was in drink. “It all stems from alcohol,” added Mrs Oldham. Betts had contacted Recovery Steps as part of that attempt to get help.

District Judge John Temperley accepted there was a question mark over how much of the physical damage to the assault victim’s arm was caused by Betts and how much caused later. 

The judge added: “I accept that there had been substantial provocation in the past in terms of her behaviour towards you online and the impact that this has had on you. I take that as some mitigation.”

The assault crossed the custody threshold. 

However, the defendant’s contact with various agencies, including Recovery Steps, was a positive sign that she was engaging with the help on offer.

This helped to persuade him to draw back from custody, said the judge. He imposed a 12-month community order with 10 rehabilitation activity days and a three-month alcohol treatment programme.

He also fined the defendant £100 and told her to pay the victim of the assault compensation of £200, as well as a £114 victim surcharge.

As the case ended, District Judge Temperley told Betts: “This has not completely gone away; you must comply with this order because you were right on the cusp of losing your liberty today.”

There was no separate penalty for the cannabis possession and the public order offence committed last month.