By Claire Henry
A judge has described the behaviour of a man who assaulted his then–wife and broke items with a hammer as “utterly unacceptable”.
Dublin Circuit Criminal Court heard that the man, who cannot be named for legal reasons, pleaded guilty to assault causing harm, production of an article in the form of a hammer, criminal damage and assault, on October 19, 2019, at a home in the Dublin 15 area. He has no previous convictions.
Passing sentence on Thursday, judge Elma Sheahan said the aggravating factors in this case were the seriousness of the offending, that the injured party was his wife, and that it happened in her home where children were present.
Judge Sheahan said the mitigating factors were the defendant’s guilty plea, his previous good character, his long work history and that he provides a parenting role for his children. She also noted that the injured party stated that it would create further difficulty for her and her children should the defendant be placed into custody.
The judge described the offence as “utterly unacceptable behaviour” and placed it at mid-level for this type of offence.
Judge Sheahan sentenced him to one and a half years in prison but suspended it in full. She ordered that the defendant be placed under the supervision of the probation services for six months and follow all directions as indicated by them.
Detective Garda Stuart Gleeson told John Berry BL, prosecuting, that gardaí were called to the home of the defendant’s then–wife on the night in question. Gardaí said the woman was distressed and there was damage to the property, including a broken laptop and broken plates.
Det Gda Gleeson said the woman and her then–husband had a disagreement earlier that day and her husband had produced a hammer and broke items in the house. The man then left the home, and the woman called her friend. When her friend arrived, both women began to pack items and were planning to leave the home with the woman’s two children.
The court heard that before the women could leave, the defendant returned to the house. He locked himself and one of his children in the bathroom. While locking himself in the bathroom, he closed the door on the leg of his wife’s friend.
When gardaí arrived at the house, they went to the bathroom and he handed the child over to them. He was then arrested and detained. The woman told gardaí that she had been kicked in the head, legs and body and that her ribs were very sore.
During an interview, the defendant was asked if he had hurt his wife and replied, “I never wanted for anyone to get hurt.” He said he had also been hurt and had an injury to his ear. The court heard that the couple are now divorced and co-parenting their children.
Det Gda Gleeson agreed with Oisin Clarke BL, defending, that both the defendant and the injured party had worked together before and after the offence. He said they are now divorced, and he has custody of the children a number of nights per week.
The garda agreed with counsel that the defendant caused no issue to the gardaí and has offered to buy his ex-wife a new laptop. He further agreed that his client handed the child over to the gardaí when asked to do so.
Mr Clarke said this was a once-off incident and has not occurred since. He asked the court to stay its hand and not impose an immediate custodial sentence.
Counsel said his client is a Ukrainian national who accepts his wrongdoing and has written a letter of apology to the court.
He said his client has no excuse for his behaviour on the night in question.