Dublin man jailed for attacking partner during period of coercive control

This article contains references to domestic abuse and violence. This content may be distressing to readers.

By Claire Henry

A man who tried to choke his partner and put a bag over her head in a “brutal, vicious attack” in front of their children during a lengthy period of coercive control has been jailed for 18 months.

The 38-year-old Dublin man, who cannot be named to protect his victim’s anonymity, pleaded guilty at Dublin Circuit Criminal Court to numerous counts, which included assault causing harm and controlling behaviour towards his former partner and the mother of his children at a Dublin address on various dates between 2019 and 2020.

He has 20 previous convictions, of which 17 are for road traffic offences.

Passing sentence on Friday, Judge Orla Crowe said the man had subjected his partner to coercive control over a long period of time, as well as intimate partner violence.

She said the abusive behaviour culminated in a “brutal, vicious attack” on April 21, 2020 in which he tried to choke the victim and placed a bag over her head while their two children were present.

She said he engaged in “humiliating and degrading behaviour” towards his partner, which has had a profound impact on her. The woman was isolated from her family and placed in a very difficult situation by the man, the judge said.

Taking into account mitigating factors, including the man’s guilty plea, the fact he has not been in custody before, his work history and the fact he had €10,000 in court to give to his former partner as a token of his remorse, the judge set a sentence of three years and suspended the final 18 months.

She ordered that he have no direct contact with the woman for a period of five years.

A local garda told Laura Cunningham BL, prosecuting, that the defendant and the injured party had been in an on-and-off relationship for 14 years and had two children together. In April 2020, they were isolating together with their children when they began to argue. The man had been drinking and taking “zimmos” and was verbally abusive towards the woman and their children.

On the day in question, the injured party received a phone call informing her about bad news relating to her father. After the phone call, the defendant said, “I don’t want to hear your phone going off all day about your father”. The man began to punch the woman on her head, legs, hips, thighs and ribs. The woman described to the gardai that he was punching her “hard and fast with closed fits”.

The court heard that the woman tried to push him away, and they fell on the bed, where he then put his hands on her neck and tried to choke her. The woman said she could feel “his two thumbs on her neck and him pushing”. The woman thought he was “going to kill her” but managed to hit the defendant with a hairbrush.

The man then picked up a shopping bag that had items belonging to the woman in it, and they had a tug-of-war over the bag. The man took the bag and placed it over the injured party’s head. The woman called for her daughter in the hope that this would make him stop. The man then left the house.

The garda told the court that a neighbour had heard the altercation and called the gardai. The injured party contacted the man’s parents, who came to the house. His father removed the handle of the back door in case his son returned, and his mother gave the woman a pitchfork to protect herself.

Later that evening, the injured party began to receive calls and texts from the defendant, who said he “was close by.” The man came to the house, and the injured party called the gardai, but he left before the gardai arrived, and the woman did not make a complaint. After the gardai left, he returned again and began banging and kicking on the door and window. The woman once again called the gardai.

The court heard that the gardai found the man hiding in a makeshift tent in the back garden. When he saw that the gardai were there, he had to be restrained, and he was abusive toward them. There was a strong smell of alcohol from the defendant, and he was asked to leave the area.

The woman gave a statement to the gardai and told them of other incidents that had occurred the previous years, which involved him controlling her finances, being verbally abusive to her, taking her bank card and losing it as well as demanding money from her. He also sent her a text in which he said he would “slice her from ear to ear”.

The man was arrested, detained and interviewed. During his interview, it was his view that it was a kind and loving relationship, and he had put a deposit on an engagement ring. He told gardai that the woman was violent towards him, and he did not accept that he had put a bag over her head. When he was shown images of the woman’s injuries, he gave other explanations as to how she could have gotten these injuries.

The court heard that both the injured party and her children have received counselling and have moved house, and taken advice from the gardai on security as she is still in fear. A victim impact statement was handed into the court but not read aloud. Images of the woman’s injuries were also given to the court.

The garda agreed with Keith Spencer BL, defending, that there were certain stressors in the couple’s relationship and that his client did not respond well to stressors. He also agreed that the man had been drinking heavily during lockdown, and this would lead to arguments, and little things would set him off.

The garda agreed with counsel that when his client was brought into custody, he made some admissions. He said he didn’t know how the argument started, that “it took two to tango,” and that “you can’t fight with just yourself”.

Mr Spencer said that a trial date had been set, but there had been discussions, and his client had vacated his trial date and pleaded guilty.

Counsel handed letters into the court on behalf of his client, which outlined that he is “a good father” and “wants to be part in his children’s lives”. He said his client had brought €10,000 to court as a token of his remorse.

He said his client grew up in a caring and loving environment and has the support of his family, some of whom were present to support him. The man had worked throughout his life and provided for his children. Mr Spencer said that his client took steps to get treatment shortly after this offence and has acknowledged that he has a problem with alcohol.

He asked the court to take into account that his client is very remorseful and knows that he should not have acted like he did.