An Offaly man has been sentenced to prison for one year for kicking his then pregnant partner in the stomach during a row two years ago.
Henry Brennan (28), a father of five from St Columba’s Place, Tullamore, Co Offaly, pleaded guilty to a charge of assault causing harm under the Non-Fatal Offence Against the Person Act 1997 on Selina Flynn at her home at Connagh Heights, Kildare Town, Co Kildare on June 20th 2021.
Garda Stephen Sargent told a sitting of Naas Circuit Criminal Court on Tuesday that the incident occurred after Ms Flynn had returned home with some of her friends after socialising earlier that evening in Kildare.
Garda Sargent said Brennan had engaged in an aggressive rant with his then partner, who was three months pregnant with his child, about her always going on about wanting him to be a better parent.
The garda said Brennan was also annoyed that Ms Flynn never seemed to ask about his children.
The court heard the victim had alerted gardaí to what happened after the accused had stood on her face and started pulling out clumps of her hair. The court was told that at one stage Brennan remarked: “No one can save you now.”
When arrested, Garda Sargent told prosecuting counsel, Daniel Boland BL, that Brennan could not remember the incident as he had consumed a large amount of alcohol.
Brennan said he could not remember assaulting Ms Flynn when informed that he had thrown his pregnant partner on the ground and kicked her in the stomach, the court heard.
That is a terrible thing to do to anybody
Following his arrest, Garda Sargent said Brennan did admit that he was ashamed of his actions and had said: “That is a terrible thing to do to anybody.”
He said the accused also accepted he had caused the injuries to Ms Flynn.
The court heard that although she had been brought to Naas General Hospital with a suspected fracture, she had only suffered some soft tissue injuries to her shoulder and upper arm.
Under cross-examination, Garda Sargent said Brennan was unemployed at the time of the incident and had suffered a relapse from drug treatment he was receiving, but added he has since gained employment as a general operative.
Counsel for Brennan, Éamonn O’Moore BL, said the defendant had subsequently had another child with his current partner and had also received anger management counselling.
Mr O’Moore said Brennan had also brought €5,000 to court to offer to Ms Flynn, which she indicated she would accept.
Sentencing Brennan to three years for the assault, Judge Martin Nolan said he would fully suspend the final two years on condition that Brennan be of good behaviour for a period of three years and that he pay Ms Flynn the sum of €5,000.
Judge Nolan remarked it was a very serious offence which had been “pretty vicious”.
He added that Brennan had carried out “a determined, persistent assault” on a woman whom he had known was pregnant.
