A man who punched his wife on the back of the head and cut her with a vape has been sentenced to two years in prison.
Dublin Circuit Criminal Court heard that gardaí were called to a home in the Finglas area on March 20th, 2020.
John McDonagh (38), of Barry Park, Finglas Dublin 11, pleaded guilty to assault causing harm at Barry Park, Finglas, Dublin 11, on the above date. He has 82 previous convictions, including two for assault.
Passing sentence on Friday, Judge Martin Nolan said the defendant assaulted and beat his wife by punching her to the back of the head and cutting her with a vape on the face, which required medical attention.
Judge Nolan said: “It seems that at a certain point, the injured party withdrew her statement and complaint”.
He said the aggravating factors include that the assault was carried out on an intimate partner, McDonagh's previous convictions, and the conclusion expressed within the probation report. Judge Nolan said that this assault was in the mid to high range.
The judge said he would take the following as mitigating factors in the case, McDonagh's late guilty plea, his remorse, the wishes expressed by the injured party and that she does not want him to be imprisoned any longer.
Judge Nolan said “this man does deserve a prison term for what he did”, and after taking everything into account, he sentenced him to two years in prison, backdated from when he went into prison.
Garda Ben Hackett told Edward Doocey BL, prosecuting, gardaí responded to a call and arrived at the above-mentioned location. When they arrived at the home, they found the injured party standing at the front door with a bloody tissue to her face.
Gda Hackett said the woman was shaking, bleeding and had a cut to the face. An ambulance was called, and the woman was brought for medical attention and received stitches.
The court heard that an argument occurred between the two, and McDonagh hit his wife on the back of the head while in the upstairs bedroom.
The woman fled downstairs and was followed by her husband, who then hit her on the face with a vape causing the cut.
She then locked herself in the bathroom and called her social worker, who in turn called gardaí.
When gardaí entered the house, they found McDonagh in the bedroom. He was cautioned and asked what happened, and he said he had just woken up and didn’t know.
Gda Hackett told Mr Doocey that on May 8th, 2020, the injured party told gardaí that she wished to withdraw her statement.
He agreed with Patrick Jackson BL, defending, that the two counts of assault mentioned in his client's previous convictions date back to 2011. He also said that a guilty plea was entered quickly once McDonagh changed his legal team.
Mr Jackson said that his client's mother and sister were present in court, are supportive of the injured party and believe what McDonagh did was wrong.
He said McDonagh has been in custody since late January 2023 and was attacked in prison.
Mr Jackson said the injured party was present in court and supports her husband. He said that his client has had mental health issues and, according to the probation report, has made credible attempts on his own life in the past.
