Man jailed for violent assault of partner

Dublin People 19 Jan 2024

By Eimear Dodd

A woman who was violently assaulted by her then-partner in her home has told the court she sometimes wishes he had killed her that night as he has “destroyed” her home and life.

In her victim impact statement, the woman said she remains “terrified” of the man and has to keep “reminding myself that he can’t hurt, control or manipulate me”.

The Dublin man pleaded guilty at Dublin Circuit Criminal Court to assault causing harm, making threats to kill or cause serious harm and breach of a protection order on August 19, 2022.

The court heard yesterday that the man and the victim were in a relationship at the time and he would occasionally stay at her home, which she shares with her 14-year-old daughter.

The woman obtained a protection order in July 2022, and the man was aware of this.

On the night in question, the victim was not at home when she received a call from her daughter’s phone number.

The accused was on the call and started to shout at her to come home or he would smash up her house.

He also told her that he would kill her if she didn’t come home.

The complainant was on her way back when she received another call from her daughter’s phone.

It was the accused again, who made further threats to kill her.

She arrived home at 1:05am, and the man approached her as she got out of the car.

He pushed her against the car door and was abusive, telling her he was going to smash her face and kill her.

The woman walked towards the house and the man pushed her aside to enter the property before her.

She asked him to leave and he threatened her again, saying he would “torch” her car.

He punched her in the face and she sustained a black eye.

She asked him to leave again and he went upstairs, where he pushed her to the ground and slapped her face.

The woman managed to get downstairs where the assault continued.

He threw a bike towards her, later using it to push her to the ground.

During the assault, the man slapped, punched, grabbed the victim’s neck and choked her.

When gardaí arrived, they noticed the victim was visibly distressed, with swelling and bruising to her face.

The man continued to be abusive and threaten the woman.

The investigating garda said he stood between the man and the victim as he was concerned the accused would assault the victim.

The man was arrested and during interview, he admitted making the threats and pushing the woman.

The victim’s daughter witnessed the man grab her mother and make threats.

She told specialist gardai that he entered the house through an unlocked door.

Photos of the woman’s injuries were handed to the court.

A victim impact statement was read to the court on behalf of the woman in which she said she was “very shaken” and “living in fear” following the assault.

She keeps the doors and windows locked and is afraid when anyone knocks on the door.

She said she gets anxiety attacks and is afraid to go out by herself. She said she feels like a “coward” and broken shell of who she was before.

The woman said she feels “ashamed” that she allowed the man into her life.

“Sometimes I wished he killed me on that night,” she said due to the pain and distress she felt following the assault.

She said he had “destroyed” her home and life and she is a “shell of the woman I once was”.

Two audio recordings made by the teenage girl were played to the court.

The victim became visibly distressed during this and left the courtroom, but later returned.

The man’s mother, who was in court to support him, also briefly left.

The man has no previous convictions and has not come to recent garda attention.

The garda agreed with Oisin Clarke BL, defending, that his client was intoxicated on the night and was co-operative with gardaí.

It was further accepted that there had been some communication between the man and the woman’s daughter on the day in question.

He also accepted Mr Clarke’s suggestion that his client is of “previous good character” and is unlikely to come to further negative attention.

The court heard there has been no contact between the man and the woman since the incident.

Mr Clarke said the court may take the view that his client is “some form of animal” based on the “vile” and “abhorrent” language on the recording, however, he said this moment was a “snapshot of his life at its very worst”.

He said his client was at a family funeral on the day in question.

Another close relative had also died in the weeks before this event. His client had “consumed alcohol” in a “poor emotional state” on the day and “things escalated,” counsel said.

Mr Clarke noted this would have been a “terrifying” and “chaotic” experience.

A number of references were handed into the court.

The man has a good work history and is currently completing a reskilling programme.

Members of his family were in court to support him.

Defence counsel suggested this incident appears “out of character” for the man and asked the court not to impose an immediate custodial sentence.

Judge Martin Nolan said this was a “prolonged assault” and the victim was “terrified for herself and her daughter”.

He noted the woman had been sought a protection order and the man would have been “well-warned” of her “view of him and his behaviour” before this incident.

He said the man behaved in a “violent” and “disgraceful” manner.

The judge noted the recordings show the man was “out of control”, intoxicated and “very angry”.

Judge Nolan noted the mitigation in this case including the guilty plea and the man’s lack of previous convictions.

He said the court took the view that it must impose a custodial sentence as the man’s behaviour on the night was “unforgiveable”.

Judge Nolan imposed a three-year sentence with the final 18 months suspended on strict conditions.

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