Man jailed for assault on former partner who did not wish case to proceed

By Fiona Ferguson

A man has been jailed for three years for assaulting his former partner after a judge said his guilty plea was particularly valuable in circumstances where the woman did not wish to proceed with the case.

The 38-year-old man, who cannot be named for legal reasons, pleaded guilty at Dublin Circuit Criminal Court to assaulting the woman causing her harm at his home on April 5, 2025.

The man’s convictions include previous for breach of domestic violence orders including breach of a safety order in relation to another partner.

He also has convictions for road traffic, drugs and public order offences.

The assault carries a maximum term of ten years imprisonment.

The court was asked to note section 40 of the Domestic Violence Act 2018 which states the relationship between defendant and victim should be treated as an aggravating factor in sentencing for certain offences.

The injured party previously told a High Court bail hearing that she did not wish to proceed with this case and did not wish to go to trial.

She did not complete a victim impact statement.

 Judge Martin Nolan said there had been a financial dispute between the parties, with the accused man believing the woman was using their communal money to buy drugs.

He noted there was “financial distress” within the partnership.

He said the accused man attacked the woman, subjecting her to a serious assault involving attempted strangulation and smothering which he said must have been terrifying for her.

He noted she had suffered no long-term physical injuries.

Judge Nolan said the guilty plea in this case was valuable because it seems the injured party was not prepared to give evidence in any trial.

He said there were mechanisms to overcome that kind of situation but observed these were difficult and that getting the woman to court to be cross-examined would also cause difficulties.

The judge said the guilty plea indicated remorse in circumstances where the accused man knew in all probability the injured party was not willing to take part in the case.

He said there was “good and strong” mitigation including a good work record and family background.

He noted that the man was doing well in custody and doing his best to reform and change.

Judge Nolan set a headline sentence of five to six years. He noted the man’s record of conviction, observing there were similar offences, which he took into account.

 He imposed a sentence of four and a half years and suspended the final 18 months on strict conditions to incentivise rehabilitation.

 An investigating garda told Fiona McGowan BL, prosecuting, that on the evening in question the couple had a verbal disagreement in relation to finances.

The man grabbed the woman by her hoodie and lifted her up. He then threw her on the bed bouncing her from side to side.

He told her: “I am going to kill you, I am going to do it now,” which terrified her.

He punched her six or seven times around her head, choked her and put a pillow over her face.

He then threw her on the ground.

She took an opportunity to gather her belongings and leave.

The accused man was arrested later that month and made admissions.

He was shocked and remorseful when shown the woman’s injuries.

Anne Rowland SC, defending, said her client had a difficult childhood.

She said despite this he had a good work history.

She submitted at the time he was “at his wits end” in relation to finances.

She said he previously had trouble with drugs and was not looking after his mental health.

She referred the court to a forensic psychologist’s report.

She said he had been doing well in prison, was availing of services there and is drug free.

 Ms Rowland said the accused was aware the injured party did not wish to go to trial but entered a guilty plea, nonetheless.

She said he is greatly concerned for the woman and full of remorse.

She said he has written a letter and is truly regretful and ashamed.

The court also received a letter from his aunt who said she would keep an eye out for him into the future.