Suspended sentence for Cork man who caught partner by throat and threatened to kill her

Suspended sentence for Cork man who caught partner by throat and threatened to kill her

The judge imposed a sentence of two years which he suspended on condition that the accused would keep the peace for a period of three years and not harass or beset the victim during that period.

A Cork man caught his ex-partner by the throat, started trying to strangle her and threatened to kill her and now he has been given a two-year suspended jail term.

Garda John Sullivan charged 39-year-old Wesley O’Mahony of Mount St. Joseph’s Drive, Bakers Road, Gurranabraher, Cork, with assault causing harm to his ex-partner. 

O’Mahony later pleaded guilty. 

Judge James McCourt took into consideration factors including evidence that the accused is the primary carer for two children when he suspended the sentence.

Sergeant John Sheehy outlined the background to the case where Wesley O’Mahony called to his ex-partner’s house between 4.30 and 5 p.m. in the afternoon back on November 17, 2019.

“She tried to stop him coming in but he pushed her away and he put his hand around her neck and commenced trying to strangle her.

“She ran up the stairs to get away and he caught her by the leg. He said, ‘I had serious trouble with the guards last night. You have no idea what they did to me. I have nothing to lose now.’ 

“He repeatedly said to her that he was going to kill her.

“She ran downstairs, grabbed her phone, and ran up the street. He ran after her. He grabbed her by the hair and pulled her back. And he said to her, ‘You are done now.’ 

“She ran out again and she ran around the car. He followed her and she got back to the house and managed to lock the door against him. She then alerted gardaí. They arrived and found Wesley O’Mahony lying behind a parked car. He was arrested.” Sgt. Sheehy said.

Defence barrister Brendan Kelly complained about Sgt. Sheehy’s testimony: “He has given evidence about other matters that should not have been given.” 

Mr Kelly said the defendant pleaded guilty to a charge of assault causing harm and the state had withdrawn the death threat charge even though such evidence was then called.

Mr Kelly BL said there was no further difficulty between the parties. Sgt. Sheehy said that since the accused was charged in relation to this case there were no further difficulties.

The complainant gave no victim impact statement and did not come to court to give evidence at the sentencing hearing.

Mr Kelly acknowledged what was disclosed in the probation report that Wesley O’Mahony minimised the extent of what happened but pleaded guilty and did not put his former partner through a trial.

“His behaviour was absolutely unacceptable and he is ashamed of it. He is sober in his habits now,” Mr Kelly said.

Judge James McCourt said, “You invaded the victim’s living space and assaulted her. Not only that, but you pursued her down the street, it appears.

“In mitigation, you addressed your drink problem positively. You have shown a degree of remorse. You offered compensation, which is not easy when you are not working. I give you credit for limited insight but it is insight nonetheless.

“He accepts some responsibility but minimises the extent of the assault that occurred.

“In circumstances that unique, you are the primary carer for two children – a significant and serious responsibility – I don’t think the interests of the children or society would be served by sending you to prison for any part of the sentence.” 

The judge then imposed a sentence of two years which he suspended on condition that the accused would keep the peace for a period of three years and not harass or beset the victim during that period.

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