ladygrim
A Dudley(u.k) man who was cleared of assault after chopping off an ex-girlfriend's ponytail will face a new court hearing.
Michael Smith, 21, of Worcester Road, Netherton, was cleared at Dudley Magistrates Court of assault causing Michelle Tether actual bodily harm.
But two judges at London's High Court ruled the magistrates had made a mistake in deciding Mr Smith had "no case to answer".
Sir Igor Judge said people regarded their hair as their "crowning glory".
Sir Igor, sitting with Mr Justice Creswell, said hair could be "intrinsic" to someone's identity.
'Not trivial'
Mr Justice Creswell said: "To a woman, her hair is a vital part of her body and where a significant portion of it is cut off without her consent, this amounts to a serious matter amounting to a not trivial or insignificant matter of bodily harm."
The court heard Mr Smith had been seeing Miss Tether on and off for five years, but they were separated when she went to his house in April 2005.
After she woke him up, he pinned her down and cut off her ponytail and some other hair with a pair of scissors.
No physical injuries were inflicted on Miss Tether, but she said she was deeply upset by what had happened and later took to wearing a baseball cap and a wig.
Barrister Timothy Green, for the Director of Public Prosecutions, said the incident was "more than merely transient or trifling" and argued what Mr Smith did could have caused psychiatric or psychological harm.
George Fairburn, for Mr Smith, argued there was no proof of any damage to Miss Tether's mental health, and said that any hair cut off was dead and therefore no assault could have taken place.
No date was set for the re-hearing of Mr Smith's case which will be heard at Dudley Magistrates Court.
Michael Smith, 21, of Worcester Road, Netherton, was cleared at Dudley Magistrates Court of assault causing Michelle Tether actual bodily harm.
But two judges at London's High Court ruled the magistrates had made a mistake in deciding Mr Smith had "no case to answer".
Sir Igor Judge said people regarded their hair as their "crowning glory".
Sir Igor, sitting with Mr Justice Creswell, said hair could be "intrinsic" to someone's identity.
'Not trivial'
Mr Justice Creswell said: "To a woman, her hair is a vital part of her body and where a significant portion of it is cut off without her consent, this amounts to a serious matter amounting to a not trivial or insignificant matter of bodily harm."
The court heard Mr Smith had been seeing Miss Tether on and off for five years, but they were separated when she went to his house in April 2005.
After she woke him up, he pinned her down and cut off her ponytail and some other hair with a pair of scissors.
No physical injuries were inflicted on Miss Tether, but she said she was deeply upset by what had happened and later took to wearing a baseball cap and a wig.
Barrister Timothy Green, for the Director of Public Prosecutions, said the incident was "more than merely transient or trifling" and argued what Mr Smith did could have caused psychiatric or psychological harm.
George Fairburn, for Mr Smith, argued there was no proof of any damage to Miss Tether's mental health, and said that any hair cut off was dead and therefore no assault could have taken place.
No date was set for the re-hearing of Mr Smith's case which will be heard at Dudley Magistrates Court.