A man has been jailed for attacking his wife because he wrongly believed she was filming him.
The mother of his three-year-old child thought she was going to die during the assault, which Judge Dara Hayes said warranted an immediate custodial sentence.
The 32-year-old former restaurant owner pleaded guilty at Dublin Circuit Criminal Court to assault causing harm at their family home on October 19th, 2022.
The case was dealt with under the Domestic Violence Act and the man cannot be named to protect the anonymity of the victim.
Garda Dean O’Donnell told Diana Stuart BL, prosecuting, that he was called to a domestic incident at about 1.40am on the day in question, where officers found the woman in an extremely distressed state, crying, sitting on the kerb.
She explained her husband had thought she was recording him, but she had been texting her sister at the time. The man had demanded the phone from her, but she had refused to hand it over.
He got angry, spat on her and warned her that he would kill her if she said one more word, the court heard.
She said that she was trying not to react to him, and continued texting. He threw a bottle of milk at her and spat on her again.
She said he nearly broke her arm while trying to break her phone, which she was trying to keep safe.
Gda O’Donnell said the man then grabbed her by the hair, put her on the ground and stood over her, with his knee on her neck. She said she was struggling to breathe, and her legs were shaking.
Who would take care of my child, with me dead and her father in prison?
In her victim impact statement to the court, she said that the attack had altered her life.
“I thought to myself that this was the end of me,” she recalled. “Who would take care of my child, with me dead and her father in prison?”
She said that the abuse had a lasting effect on her mental health, leading to PTSD, anxiety, depression and panic attacks,
“I pray to God every day to keep my mind in place,” she said.
“I am proud that I survived, and I am still breathing after all that he did to me,” she concluded her statement.
The court heard that her husband, who has no previous convictions, ran two restaurants at the time, where he employed about 20 people.
He said he was under a lot of pressure at the time because of the Covid-19 pandemic, adding that he has since sold his stake in the businesses to focus his time on family and therapy.
The woman still lives in the family home with her child, and the estranged couple are currently in a custody battle.
Judge Hayes imposed a sentence of two years and three months for the assault, taking his false imprisonment of his victim into consideration.
“This is a case that requires an immediate custodial sentence,” he said.
The judge suspended the final 12 months on a number of conditions, including that the man complete a programme that helps men overcome violence, if he is deemed suitable.
The man's mother cried out when her son was led away to prison, with his father and gardaí assisting her from the courtroom.
If you have been affected by any of the issues raised in this article, you can contact Women’s Aid (24-hour freephone helpline at 1800-341 900, email helpline@womensaid.ie) or Men’s Aid Ireland (confidential helpline at 01-554 3811, email hello@mensaid.ie) for support and information.
Safe Ireland also offers a number of local services and helplines at safeireland.ie/get-help/where-to-find-help/. In the case of an emergency, always dial 999/112.
