A judge has aggressively questioned a mother on benefits as to why she has not found employment. Niki Francis, who assaulted a man by pushing him over in the street, hitting him with a pole and breaking his hip while intoxicated, has been granted six months to reform her behaviour.
The 33 year old from Willes Road, Winson Green has had her sentencing deferred to 2024 by Judge Dean Kershaw, who cautioned that failure to improve would result in imprisonment. Today, Wednesday (May 14) at Birmingham Crown Court, it was reported that she has remained sober, cooperated with probation services and avoided further offences.
Judge Kershaw consequently assigned her a suspended sentence of 22 months for 18 months for the crimes of unlawful wounding and possession of an offensive weapon, which she pleaded guilty to, reports Birmingham Live. When determining if Francis could cover prosecution costs, the court learned she receives £1,300 monthly from employment support allowance and Universal Credit.
Her defence, led by Samantha Forsyth, pointed out her physical, mental health issues, and epilepsy as factors potentially making her less appealing to employers. Nevertheless, Judge Kershaw contested this notion and, speaking to Francis directly, he stated: “You are going to have to start making a decision.
“You’re in your early 30s. Are you going to lead your entire life by just being on benefits, never working and doing anything really positive for society? It’s not for me to tell you how to lead your life other than it should be a lawful one. There has got to be something that makes a trigger within you and not just want to rely on benefits.”
He added: “There is nothing I have read in all of the reports (about you) why you cannot get out and work hard and earn a living. You’re the one who is choosing not to. Your epilepsy doesn’t prevent you doing many jobs. Many people have what you have and take medication and have a job. You’re the one deciding. You don’t have the dedication to go and get employment. It is much harder because of your criminal background but that isn’t a barrier to many jobs.”
Francis became embroiled in an altercation over parking issues on Grovesnor Road, Handsworth, on June 16, 2023. She then confronted another man who had merely stopped to observe the fracas. Prosecutor Maninder Chagger reported: “The defendant began shouting at him.
“She then approached him and either punched him or assaulted him by hitting him on the back of the head. He walked away. She followed and the next thing he knew, he was pushed to the ground and she began to hit him with a metal pole.”
The victim sustained a broken hip and needed several months of treatment to walk without assistance again. He expressed that he now feels compelled to look over his shoulder when outdoors and detailed his struggles with anxiety and flashbacks.
The victim further stated: “I don’t feel safe and feel vulnerable. I can’t walk far or defend myself. I don’t want to live around this area anymore.” Defence barrister Ms Forsyth presented to the court that Francis had steered clear of re-offending, successfully completed a previously suspended sentence order and maintained sobriety since her sentencing was deferred in December.
Ms Forsyth underscored: “This is a woman who made full use of the opportunity your honour kindly gave her to turn her life around and she appears to be succeeding in that.” Presiding Judge Kershaw remarked on Francis’s appalling criminal history, pointing out its direct link to alcohol dependency. However, he acknowledged her strides towards sobriety whilst dismissing the idea that she had completely forsaken alcohol.
Judge Kershaw decreed that Francis must fulfil up to 40 days of rehabilitation activity as a condition of her sentence and mandated her return to court in three months for a progress review. In his final remarks, Judge Kershaw told Francis: “The fact is you have got to address the lifestyle you are leading. I think you have started to do that.”