A man who assaulted his former partner by strangling her with both hands has been jailed for three years.
Before sentencing him, Judge Martina Baxter noted that Gerard McQuillan (35) of no fixed abode but from Raheny, Dublin, had exhibited misogynistic tendencies and posed a possible danger.
She said that during the trial he had assassinated the character of the complainant and claimed that she had assaulted him. Judge Baxter said the jury “rejected his web of lies” and she noted the fact that the offending took place in the context of an intimate relationship was an aggravating feature under the 2018 Domestic Violence Act.
McQuillan was convicted after a trial last December at Dublin Circuit Criminal Court of assault causing harm and two counts of criminal damage at the woman's home on September 9th, 2020.
The court heard that McQuillan damaged the woman's necklace while he was lifting her up by the neck with both his hands. After apologising to her, he then punched a wall in the house and apologised again.
Blaming victim
Judge Baxter noted that while McQuillan has said, through his lawyers, that he accepts the guilty verdicts of a jury, he continued to blame the victim in later assessments with the Probation Servic.
“He has very, very limited insight and he possibly poses a danger,” Judge Baxter said. Defending counsel, Pieter Le Vert BL, said that his client needed interventions as recommended by the Probation Service.
The court heard that the assault took place after a verbal altercation between McQuillan and the woman at her home. McQuillan grabbed her neck with his hands and lifted her off the floor and threw her on the floor.
The court heard the victim's evidence was that she was strangled around the neck and that when she was on the floor she felt she was kicked.
Previous convictions
Separate assessments carried out by a psychologist and by the Probation Service deemed McQuillan to be at a high risk of repeating spousal abuse. He has 76 previous convictions, primarily for road traffic offences.
Judge Baxter said this was a “horrific” and “unprovoked” assault on an “innocent woman” during which the accused had used his hands as “weapons”.
She suspended the final six months of a three and a half year prison term on condition that he engage with the Probation Service for a year after his release, particularly in relation to therapy around overcoming violence. She ordered that he was to have no direct or indirect contact with the victim and to disclose any new intimate partner relationship to his Probation officer.
The investigating garda agreed with Mr Le Vert BL, defending, that his client has no previous convictions for violence.
Mr Le Vert told the court that his client left school at 15 and started to work. McQuillan had to leave an apprenticeship at 20, following the death of his father. He has worked in hospitality and in venues including the Malahide Rugby Club.
He is a father of three young children and is also a talented musician who has engaged in charity work, counsel said. A number of documents were handed to the court, including references from friends and family.
A letter of apology from McQuillan was also handed to the court. Mr Le Vert said his client feels deep regret for his actions and “apologises to all parties” and accepted full responsibility for his actions.
