A 35 year old man has been sentenced to four years imprisonment following what a Judge described as a “terrifying” attack on his partner.
Christopher Rice left the injured party finding it difficult to breath during the assault which took place in the home they shared.
The accused, with an address at Forest Park, Killygordon, kicked and punched the victim and placed his hands around her throat as the vicious attack continued.
Imposing sentence at Letterkenny Circuit Court, Judge Roderick Maguire said the assault was carried out in what should have been a “place of sanctuary” for the young woman.
The court heard that the accused had handed in a letter of apology to the court and was “deeply apologetic and remorseful” over his actions.
Giving evidence in the case, Sergeant Maurice Doyle said the injured party had been out that night but when she returned home with the accused he had started shouting at her and called her derogatory names.
He then proceeded to grab her by the back of the head and threw her onto a bed. As she fell, she grabbed a curtain and it collapsed on top of her. The man had then jumped on her and placed his hands around her throat before reaching for the curtain and placed it over her mouth and nose.
By that stage she was finding it difficult to breathe and the accused had then commenced punching her in the face. As she banged on a window in an effort to attract attention, he kicked her in the back and on the legs.
“She got up and tried to run out of the room but he chased her and pulled her back by the hair,” Sgt. Doyle indicated. The accused had subsequently punched her in the stomach and ribs.
Later on in the evening he had trailed her across the garden while shouting abuse at her calling her names. A neighbour had then intervened and the injured party was taken to the Accident and Emergency department at Letterkenny University Hospital but she had declined to remain there and no physical examination of her had been carried out.
Gardai had, meanwhile, been called earlier and pictures of the injuries had been taken on a phone.
Sgt. Doyle told Prosecuting Counsel, Fiona Crawford, B.L. that the women was living outside the jurisdiction and it had been difficult to get in contact with her.
She had declined to provide a Victim Impact statement.
The accused had been arrested following the incidents and had been compliant.
He had, Sgt. Doyle revealed, a total of 65 previous convictions for some of which he had received jail sentences.
Defence counsel, Damien Crawford, B.L. asked Sgt. Doyle if it was fair to say that the couple had fully reconciled with the Garda witness replying “yes”.
The accused had been in custody since being arrested. The couple had a child together, the court was told.
Mr Crawford said his client was “hugely remorseful” and was anxious to make amends.
“He is anxious to re-assemble his family and get his life back together.”
Referring to the date of the incident, his client, who had been drinking, had “little or no memory” of what had gone on.
Asked by Judge Roderick Maguire if the injured party was made aware that the sentencing was taking place, Sgt. Doyle said every possible effort had been made to make contact.
Declared the defence counsel: “My client had shown an ability to turn himself around and indicated to me that he wants to return to work.
“He wants to be afforded to make amends to his partner and apologies to her and to the court. He is very ashamed that he got into an episode like this.”
The accused, who furnished a letter to the court, took to the witness stand where he issued an apology and pledged: “It won’t happen again.”
He had been drinking on the night of the incident and agreed with Mr Crawford that “drink was the backdrop” to the troubles he had.
Referring to the mitigating circumstances in the case, Judge Maguire said the accused had pleaded guilty at the first opportunity and was remorseful.
He had been in foster care from an early age and had already spent eight months in custody in relation to the charge.
But because of the comprehensive nature of the incident and continual assault which had left the young woman terrified he passed a sentence of four years imprisonment taking into account the time already spent in custody by the accused.
Judge Maguire told defence counsel that he was not mindful of suspending any or all of the sentence.
Receive quality journalism wherever you are, on any device. Keep up to date from the comfort of your own home with a digital subscription.
Any time | Any place | Anywhere