By Eimear Dodd
A Dublin man who slammed his ex-partner to the ground, causing fractures to three vertebrae in her back, has been jailed for 18 months.
The 27-year-old, who can’t be named for legal reasons, was found guilty of assault causing harm following a trial at Dublin Circuit Criminal Court in February.
A local garda told Karl Moran BL, prosecuting, that the man and the victim have a young child together and their relationship had ended in the months prior to this incident.
On November 13, 2021, the man contacted his ex-partner and asked her to go for food. The couple went to a local bar where the victim had some cocktails.
The couple’s child was staying with the victim’s mother that night. They returned to her home around 10pm, where they argued. The court heard that the man was paranoid the victim had met someone else and there were arguments about her contact with a third party.
The victim went to bed around 11pm and didn’t wake until 1.30pm the next day. The man asked for her phone as he couldn’t find a charger, then talked about messages between the woman and another person.
He started shouting and calling her names including “bitch”, “slut” and “liar”. The woman was scared and ran to the kitchen where she picked up a spoon.
The man asked her what she was going to do and she dropped the spoon. He then picked her up and slammed her to the ground.
The woman told gardai it was deliberate and he put his body weight on her. She screamed in pain, but told him she didn’t want an ambulance.
The man left shortly afterwards and a friend of the woman later called to the house. The woman had pain in her back and right leg. She was unable to sit or take care of her baby.
She was referred to hospital where CT scans showed she had sustained minor fractures to three vertebrae in her back. She was given a supportive brace, which she continues to use when driving or sitting for long periods, the court heard.
A medical report was handed to the court.
The man has 22 previous convictions including for drugs, public order and road traffic offences. He has been in custody since last September after his bail was revoked.
Reading her impact statement, the woman said “this has changed my life” and outlined that she can’t carry out certain tasks.
She said she is limited in the type of jobs she can apply for and has struggled financially. She had to move back in with her mother and requires support from family and friends.
She said she has been “living in fear of what he will do if he gets out”. She said she is on anti-depressants and has trust and self-esteem issues.
Keith Spencer BL, defending, told the woman that his client accepts the jury’s verdict and apologises for his actions. He said the man intends to find work upon his release and wishes to provide financially for his child.
Mr Spencer said his client “wants to dispel the notion that he would be a threat to you” and is willing to stay away from her, but wishes to co-parent their child.
Counsel said this was an “isolated incident” of domestic violence. His client has accepted his part in it and regrets his actions.
Mr Spencer said his client bears “no ill will” towards the woman and wants to be a good father to his child.
His client has suffered with bouts of depression and has had difficulties with addiction. The man had a difficult childhood and is attending counselling.
Mr Spencer said his client has experienced homelessness, but has accommodation available to him upon his release. A number of documents, references and a letter of apology were handed to the court.
The man is using his time in custody well and is on an enhanced prisoner regime.
Mr Spencer noted that the Director of Public Prosecutions had directed this case could be dealt with on a summary basis if a guilty plea was entered, but his client “unfortunately” didn’t deal with this head on.
Counsel said his client “wasn’t ready or able to accept his guilt back then, but he is doing it now”.
He asked the court to take into consideration his client’s work history and other mitigating features when imposing sentence.
Judge Pauline Codd noted that there was evidence during the trial that both parties had taken drugs on the night in question.
She said it is an aggravating factor that the man called his ex-partner “vile names”. She noted the assault was “accompanied with misogynistic verbal abuse which should never be directed at any woman, let alone the mother of his child”.
Judge Codd noted the impact of the assault on the victim and that she continues to have difficulties.
While the man has previous convictions, the judge noted he “does not have a history of violence” and the court is “not dealing with an offender with a propensity for violence”.
She noted the man’s history of addiction issues and said his previous convictions for drugs offences “tally” with events of that night.
The judge said the man let his drug addiction “get the better of his conduct on the day in question”, and while this doesn’t mitigate his behaviour, it does “explain his background”.
She said she took into consideration the mitigation including the man’s work history and engagement with counselling.
Judge Codd imposed a two-year sentence on the man, with the final six months suspended on strict conditions. She backdated the sentence to last September when the man entered custody.
She commended the woman for coming forward and expressed the court’s hope that she can “move forward and put this behind her”.