A Kildare man who assaulted his former partner and left her with bruises all over her body has been jailed for three years.
The 27-year-old man, who can't be identified for legal reasons, was convicted last July of assault causing harm and criminal damage at an address in Co Dublin in December 2022.
He was found not guilty of false imprisonment and production of an article capable of causing serious harm.
The jury was unable to reach verdicts on charges of rape and making threats to kill or cause serious harm. The Central Criminal Court heard that the Director of Public Prosecutions has entered nolle prosequis on these two charges, meaning those charges are dropped.
Ms Justice Melanie Greally said the woman was tackled, pushed to the ground and subjected to acts of violence which left her with multiple injuries to her face, body, and limbs.
She noted that the man committed the offence while on a probation bond from a previous conviction for assault causing harm. This sentence, a two-year term with the final six months suspended, was imposed in February 2022.
Ms Justice Greally said it was clear from the woman’s victim impact statement that she had experienced emotional turmoil, disturbed sleep and nightmares in the aftermath of the attack.
She also took into consideration that the victim was “intensely fearful” of the man and had concerns about what would happen on his release from prison.
Ms Justice Greally said a probation report indicated that the man had engaged in “victim blaming” and showed no remorse for the injuries he caused the woman. She said a risk assessment concluded that he was at high risk at committing crime in general in the next 12 months and at a moderate risk of committing crime against a spouse.
The judge said that the attacks occurred within what was “a dysfunctional and turbulent relationship” and said the offence was pre-meditated.
She said it represented a “significant breach of trust” and it was a further aggravating factor that it happened while he was on a probation bond for a violent offence.
Ms Justice Greally said the case warranted a headline sentence of four years and four months, before she imposed a sentence of three years and 10 months.
She suspended the final ten months of the term on strict conditions, including that the man have no contact either directly or indirectly indefinitely with the woman or her family and that he engage with the Probation Service for 12 months.
She also ordered that he undertake any suitable courses, including “intimate partner violence” programme.
An investigating garda told Gerard Clarke SC, prosecuting, that the victim and the man had been in a relationship for around two years, which she ended a few days before this incident occurred.
The victim arrived home around 4:30am on the day in question after meeting friends. As she opened her front door, she became aware of the man behind her.
He followed her inside, where he assaulted her.
The court heard she was left with bruises to her face, neck, arm, abdomen, and back, along with marks on her leg which she said the man caused using a knife handle.
Photos of her injuries were handed to the court. Her iPhone and a flowerpot were also damaged.
The man has nine previous convictions, including for assault causing harm, road traffic and public order offences.
In a victim impact statement read by the garda, the woman said she attends counselling and has anxiety attacks and nightmares.
She said she is still afraid to be at home alone and also expressed fears that the man may come after her when he is released from custody.
The garda agreed with Carol Doherty BL, defending, that her client has spent around 17 months in custody in relation to this case.
A probation report and a number of testimonials were handed to the court.
Ms Doherty said her client accepts the jury's verdicts and is remorseful for his actions.
She noted he is assessed at moderate to high risk of re-offending, but he has many pro-social supports in his life, including his family who were in court to support him.
Counsel said her client instructs that he wishes to put this in the past and will have no contact in future with the victim. He is also willing to engage with Probation Services.
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.