Crime & Law

Man jailed for assaulting former partner in her home, in front of her children

Woman says she ‘will never forget the look of shock on my children’s faces’ as the ordeal unfolded

The man, who cannot be named to protect the identity of his former partner and children, pleaded guilty to six charges. Photograph: Matt Kavanagh

Claire Henry
Fri Mar 10 2023 - 16:02

A man has been sentenced to 4½ years in prison for an assault on his former partner which left the woman with a fractured nose.

Dublin Circuit Criminal Court heard that on the night of April 1st, 2020, and into the early hours of the next morning, gardaí were dispatched to a home after a 13-year-old called them.

The man, who cannot be named to protect the identity of his former partner and children, pleaded guilty in February to six charges including assault causing harm, criminal damage by arson, violent behaviour in a Garda station, breach of a protection order and two counts of obstruction of a peace officer. He has 18 previous convictions.

Garda David Woods told Monika Leech, BL, prosecuting, that the incidents occurred in April 2020 at the start of the Covid-19 pandemic. The injured party had been in a relationship with the accused and had a barring order against him.

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The woman, who was caring for her children, became overwhelmed and asked the accused to come over and help her. He did so, and she went to bed for a rest.

Garda Woods said that when the woman woke at about 11.30pm, the accused was drunk and he threw a drink at her. She shouted at him, “Why are you drinking with the kids around?” The man then grabbed her by the neck and struck her. He said: “I’m going to kill you and the kids. If I can’t have you, no one will.”

The court heard that the woman was beginning to lose consciousness, but the accused continued to punch her in the face. The woman grabbed a bottle, hit the man with it and then managed to scramble out of the bedroom and into the kitchen. The accused then kicked the back door and shattered the glass.

Garda Woods said the woman’s 15-year-old son came downstairs and saw his mother being strangled. Her daughter then called gardaí, who arrived and arrested the man.

While in Garda custody, the man became violent and abusive to gardaí, spitting at them while shouting about Covid-19. The man was placed in a cell to stop him from spitting at gardaí and a short time later, the Garda station’s fire alarm went off and smoke was seen coming from his cell. He had set his jumper on fire, and the cell mattress had also caught fire.

Passing sentence on Friday, Judge Elma Sheahan said “the accused pleaded guilty on his trial date and that this violence took place at all is disgraceful, but the fact that this took place in the view of two young teenagers is outrageous”.

A victim impact statement was read to the court by the prosecuting counsel. In the statement, the woman said: “I was strangled, beaten, punched, kicked, slapped and told I was going to die and that he would smother the kids.

“I will never forget the look of shock on my children’s faces. He grabbed my son, pushed him, and I was scared he would hit him,” she said.

The woman went on to thank gardaí for their fast response. “If it wasn’t for the gardaí arriving, this would be a murder trial. The gardaí saved my life.”

Towards the end of the statement, the accused verbally interrupted the court and was told by Judge Sheahan that if he did so again, he would be removed.

Judge Sheahan said the aggravating factors in the case were that the offending took place in the home of the injured party and in front of her children. She would also take his previous convictions for criminal damage into account.

The judge also highlighted that the accused repeatedly spat at gardaí at the height of the Covid-19 pandemic.

She said the mitigating factors were his guilty plea, the difficulties he faced growing up and his good work history. Judge Sheahan acknowledged the accused’s apology but said that “his outburst in court diluted this apology”.

Judge Sheahan ordered that contact should only be made from the accused to the injured party through her solicitor for three years upon his release unless otherwise agreed by the parties.

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