A man who stole his pregnant girlfriend's phone after assaulting her at her home has been given a suspended sentence.
Daragh Houlihan (33) of Chapel Lane, Newbridge, Co. Kildare, pleaded guilty at Dublin Circuit Criminal Court to robbery on May 4th 2021 on Rathmines Road.
He has no previous convictions.
Judge Orla Crowe said on Friday Houlihan’s behaviour on the day was “utterly reprehensible” and exacerbated by fact that the woman was pregnant at time.
She said that this was intimating partner violence but noted the relationship between the parties was now at an end.
She said addiction played a significant role in Houlihan’s offending, which was not an excuse but provided some explanation.
She said he had been assessed as at moderate risk of re-offending and the Probation Services had concerns about victim insight, but were prepared to work with him.
Sentence
Judge Crowe set a headline sentence of three years, which she reduced to two year and three months in light of the mitigating factors. She suspended the sentence for three years on strict conditions.
The conditions include no further direct contact with the injured party and notifying the Probation Service if he begins a new intimate relationship. He has undertaken to cooperate with a program to address intimate partner violence, anger management and offence-focused intervention.
Judge Crowe told Houlihan the court was giving him a real opportunity as this was a very serious matter.
She said this was to allow him to rehabilitate further and undo the harm he has done and prevent harm into the future.
Previous hearing
At an earlier hearing last year, Dublin Circuit Criminal Court heard that the injured party was making dinner at 5.30pm, while Houlihan was in the kitchen with her.
The victim attempted to make conversation with the defendant, but he didn't respond. She then suggested he went home, as they weren't living together.
Houlihan then walked over to where the victim was standing and asked her why she didn't want to talk to him.
The victim was holding a knife, which he asked her to drop, then he went to grab it. She turned round, and Houlihan was holding the blade with both hands. The pair wrestled for the knife for about one minute.
The victim was crying and asking Houlihan to let go of the blade, afraid of what might happen if she let go.
The injured party shouted “blood” after seeing it on her thumb. Houlihan let go of the knife, and it transpired that it was his blood on the victim.
He accused her of stabbing him. She suggested they call an ambulance, but Houlihan said she wanted her phone to call the gardaí.
Her phone then started to ring and Houlihan grabbed it, demanding she give him the code to unlock it. He then pushed her several times, including onto the ground.
Houlihan left the apartment and the victim heard him lock the front door from outside. From the window, she saw Houlihan pick up her phone, which led her to believe that he had thrown it.
The defendant shouted abuse up at her. She asked him to return the keys, which he threw up to her.
Houlihan then walked towards Rathmines and the victim followed him to ask for her phone back.
During this encounter, Houlihan pushed her again, and struck her with his leg. He then threw her phone over a wall then ran through a set of closing gates.
The victim went to the garda station where she was observed to be in a distressed state.
Gardaí went to the Mater Hospital the next day, where Houlihan was being treated for an injury to his hand. He accepted that he had stolen the victim's phone, which he gave to gardaí.
Houlihan was arrested and told gardai during interview that he had taken the phone, but denied pushing her or any violent behaviour.
He told gardaí he felt “ridiculous and sorry” so he went to retrieve her phone.
The defendant said he took the phone as he believed the injured party was texting someone about him, and this upset him.
He accepted he was cut while trying to grab the knife. Houlihan told gardai he didn't believe the injured party would stab him during the course of an argument, but he wanted to put the knife out of reach. Houlihan also said the victim threatened to jump out of a window during the argument, and he may have used force to stop her.
A victim impact statement was read by Shaun Smyth BL, prosecuting. In it, the woman said the incident had “destroyed any sense of safety” she felt in the apartment and she was left “terrified”.
She said she blamed herself for what happened and suffers from flashbacks. The victim said she was “broken down so much” that she thought what happened was her fault, but now realises it was not.
The investigating garda agreed with defence counsel that his client was cooperative and made a partial admission when interviewed.
It was also accepted that the guilty plea was of value to the prosecution.
Defence counsel said his client has addiction issues with cocaine and heroin, but is completing a residential treatment programme.
His client has a history of employment, and worked for periods abroad.
Counsel asked Judge Crowe to be as lenient as possible when sentencing Houlihan and to consider finalising the case with no immediate custodial sentence.
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 outlines 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.
