A HUSBAND and carer who assaulted his sick wife has failed to get out of prison.

Terrence Orton, 44, had been jailed for four months by Wrexham magistrates after he admitted assaulting his wife Kay, who is now divorcing him.

His appeal against the sentence  was dismissed  at Mold Crown Court.

Judge  Nicholas Woodward, sitting with magistrates, said the victim was vulnerable in that she was agrophobic and it was clear she had real mental health problems.

The defendant not only had responsibility  towards her  as her husband of more than 20 years but also as her day-to-day carer.

'The appellant admitted there had been a history of domestic violence and on four previous occasions he had assaulted her,' he said.

'On May 11 he got drunk, was shouting and swearing.

'This was an unprovoked attack in which he threw her across the room several times and repeatedly slapped her until the lodger called the police.

'The complainant was injured with bruising to her face, thighs, arms and stomach.'

The judge said it was right to say the defendant had no previous convictions and he was genuinely sorry for what he had done.

They were now separated and his wife was divorcing him.

'But domestic violence is a serious matter and the particular circumstances  of  this  offence were in themselves sufficiently grave that a custodial sentence was appropriate,' he said.

The judge said Orton had in fact received more credit in sentence from the magistrates than he was entitled to, and the four-month prison sentence should stand.

Prosecutor Gareth Parry said Mrs Orton  had become concerned for some time about the defendant's mental state, particularly when  he had been drinking heavily.

On this occasion the defendant had been drinking, was behaving  irrationally in  the early hours and was staggering about making strange noises and talking to himself.

He then  assaulted her by throwing her onto a sofa when she banged her head on the wall, and he threw her to the floor several times.

The defendant slapped her and threw her across the room again.

Interviewed, he admitted he lost his temper, pleaded guilty on a limited basis, but accepted the case against him on the day that  evidence  was  due  to  be heard by magistrates.

Defending  barrister Paulinus Barnes said he was shocked and devastated by what he had done, he had since lost everything, and a divorce was imminent.

The  incident happened  because of the stress of looking after his wife and it became too much for him, Mr Barnes explained.