Mum-of-2 killed herself waiting for St Leonards ex-boyfriend to face trial for attack

A St Leonards man, who fractured the eye socket of his ex-girlfriend, has been jailed.
Joseph Falconer. Picture from Kent Police SUS-210402-172749001Joseph Falconer. Picture from Kent Police SUS-210402-172749001
Joseph Falconer. Picture from Kent Police SUS-210402-172749001

The sentence came after the woman took her own life while waiting for his trial, a court heard.

Gemma Robinson, 34, was said to be ‘petrified’ at having to face Joseph Falconer, of Norfolk Drive, St Leonards, in court and died in July last year.

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She took her own life just hours before the 33-year-old tried to secure his release from prison on bail.

Gemma Robinson. Picture credit: Ferrari Press Agency SUS-210402-172810001Gemma Robinson. Picture credit: Ferrari Press Agency SUS-210402-172810001
Gemma Robinson. Picture credit: Ferrari Press Agency SUS-210402-172810001

Falconer, who was jailed yesterday (February 3), had been remanded in custody following the attack on Miss Robinson in November 2019 during which he had grabbed her by her throat as if to choke her before repeatedly punching her in the face and then spitting on her.

He later tried to blame the fitness instructor for his violent assault by claiming he had reacted to a ‘provocative’ remark she made when she returned home from a night out.

Falconer, who had been subject to a restraining order at the time, denied inflicting grievous bodily harm (GBH) with intent and was to stand trial in September last year.

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But a month after Miss Robinson’s death he pleaded guilty to the less serious offence of inflicting GBH and one of criminal damage.

Members of her family were at his sentencing hearing at Maidstone Crown Court during which he offered his ‘sincere condolences’ to them through his barrister while he appeared on prison video link.

But speaking outside court, they said Falconer was responsible for Miss Robinson taking her own life.

Her sister Kirsty Robinson, 33, sad: “He is 100 per cent to blame. Gemma was very outgoing, very friendly, popular but he left her unrecognisable as a person.

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“She was like a shadow of herself and couldn’t be on her own. I looked after her and had to help her because she had to eat through a straw where her mouth was all cut.

“She was crying at night, struggling to get up in the mornings and be a mum, and was petrified of coming to court and facing him.

“She wanted to face him and look strong but she was petrified. She was a completely different person.

“She had always been outgoing, confident, happy and made you laugh. She loved him but he beat her to a pulp.”

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Miss Robinson said her sister also struggled to cope during lockdown, with home schooling adding pressure, and that any support she had been receiving from outside agencies following her ordeal came to an end.

The family, who sat in court with a framed photograph of Miss Robinson, said they were ‘extremely disappointed’ at Falconer’s prison sentence of three years and four months and intend to appeal on the grounds of it being unduly lenient.

The maximum jail term for inflicting GBH is five years.

“His remorse is not genuine at all and while we can see the effects of what he did to her face, what about the psychological harm he did to her,” added Miss Robinson.

“She’s taken her life because of what he has done. That’s not justice.”

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Passing sentence, Recorder Matthew McDonagh told Falconer that having ‘ingratiated’ his way back into his former partner’s life, he had become consumed by jealousy in the build-up to the attack on November 21, 2019.

He said there was ‘a significant degree of premeditation’ for which the former Crossrail electrical supervisor had only shown ‘some remorse’.

“You involved yourself in what can only be described as a gratuitous and violent attack upon Gemma Robinson,” he told Falconer.

“You held her neck, affecting her ability to breathe, and punched her repeatedly in the face, ending the assault with the indignity of spitting on her.

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“It is clear to me that your jealous and controlling behaviour consumed you throughout the course of that evening and, on the return of Gemma Robinson the following morning, that behaviour spilled out in the gratuitous attack I have described.

“This was a vulnerable victim returning to her home where she was at your mercy.

“You are a dangerous, jealous and controlling man who took full advantage of the physical strength you have.”

Referring to the ‘significant impact and ramifications’ the assault had had, Recorder McDonagh said ‘however tragic’ Miss Robinson’s subsequent death was, it could not be considered an aggravating factor when deciding the appropriate sentence.

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The court heard that the couple had been in a relationship since 2015 but had split by January 2019.

Miss Robinson told police it was ‘volatile’, particularly if an ‘extremely jealous’ Falconer had been drinking or if she went out, said prosecutor Vivian Walters.

In December 2018 he had assaulted Miss Robinson which led to a conviction for battery and criminal damage, as well as the restraining order being imposed.

But within three months of that court appearance, he contacted her to apologise while threatening to harm himself.

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He later turned up at her home in Dartford, Kent, and also claimed to be suffering from post-traumatic stress disorder.

Miss Robinson took pity on him and by October 2019 had agreed he could stay on her sofa.

“He paid no rent and she bought and provided all his food. His behaviour became increasingly controlling and he started to question her about where she was going and who she was going to see - similar behaviour to when they were in a relationship,” said Ms Walters.

Violence erupted after Miss Robinson returned home from a night out having with a friend.

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Falconer, who according to his Facebook page served with the Parachute Regiment for three years, had phoned and texted her continuously, as much as 70 times, accusing her of being with another man.

She ignored him and the next day when she phoned him he told her ‘I was being silly, I was drunk’.

But as Miss Robinson walked up the stairs at her flat, Falconer opened the door, swearing at her and accusing her of having sex.

“He grabbed her left arm, dragged her into the bathroom and pushed her into the shower cubicle,” said the prosecutor.

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“He grabbed her under her jawline and was pushing into her neck making it difficult for her to breathe.

“She thought she would die and was grabbing the defendant’s hands in an attempt to defend herself and trying to use her knee as a barrier between them.

“He let go of her neck and then punched her repeatedly in the face. She was unsure how many times she was struck but he was saying ‘Yeah’ repeatedly in a belittling manner while punching her.

“She manoeuvred her head so it was behind the toilet to prevent further assault. The defendant then spat at her and left the property.”

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Miss Robinson called police and sought help from a neighbour.

As well as the eye socket fracture, she suffered cuts and bruising to her head, face, arms, neck and chest.

When arrested, Falconer’s knuckles were cut and the prosecutor said Miss Robinson’s injuries were ‘inconsistent’ with his claim he only punched Miss Robinson twice, causing her to fall and hit her head on the toilet and pass out.

The court heard that while Miss Robinson had been out the previous evening, Falconer had smashed up her TV.

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Victim personal statements made by her mum and sister were not read out in court.

However, Ms Walters told the judge: “Gemma sadly died while this case was awaiting trial and the circumstances suggest she took her own life.”

Falconer also admitted fraud after it was discovered that during his stay at Miss Robinson’s home he had cleared out her bank account of £500 and spent the money gambling online.

Isobel McCarroll, defending, disputed any suggestion Falconer had ‘sat up all night premeditating an attack’ and told the court the injuries to Miss Robinson were caused ‘in the heat of the moment’.