Judge left ‘gobsmacked’ by assault appeal

A middle-aged man entered his ex-partner’s bedroom and attacked her violently as their two infant children tried their best to prevent this from happening between their mother and father, a court has heard.

Judge Sinead Behan said she was “gobsmacked” at Cork Circuit Appeals Court to hear the man, who appealed the five-month sentence imposed on him at the district court on the charge of assault causing harm, asking for the benefit of a dismissal under the Probation of Offenders Act.

Sergeant John Kelleher said the violent incident occurred at around 11.30pm on March 18, 2023, when the woman’s ex-partner entered her home and came into her bedroom.

“He started poking and punching her a number of times in the ribs,” Sgt Kelleher said. “She briefly lost consciousness.”

Her two infant children intervened and tried to protect their mother from this attack.

“They were trying to stop the assault,” the sergeant said.

Eventually, she managed to break free from her ex-partner but he followed her down the stairs, pulled her by the hair to the floor, and then left the house.

The injured party contacted her friend and ultimately the gardaí were alerted.

Barrister Alan O’Dwyer appealed the case on behalf of the accused at Cork Circuit Appeals Court.

“It was very out of character for him,” he said. “He and his former partner have a civil relationship now and they get on with each other.

“It is not an excuse, but he was drinking heavily on the night. There was a barring order in place at the time. They are not living in the same house now.

“He has apologised to his former partner. He has apologised to his children. He was drinking heavily and was not in the right frame of mind on the night.”

Judge Sinead Behan said: “He assaulted this woman.”

Mr O’Dwyer said: “He realised the next morning what he had done and was utterly ashamed and embarrassed.”

Judge Behan said: “This is way beyond embarrassment. There are two kids who saw this in their home.”

Mr O’Dwyer said the appellant was asking for a dismissal under the Probation of Offenders Act.

Judge Behan expressed her shock at this application even being made.

“This is utterly so far from how serious this case is,” she said. “I am gobsmacked.

“He is not at the races at all. Two children were witnesses to this. This is absolutely not a Probation Act matter.”

Initially, the judge remanded the appellant in custody while other cases were going ahead in the appeal court.

However, at the end of the sitting, Judge Behan released him from custody and adjourned the matter until May 30 to hear about the relationship at that stage and for him to engage with services.

Mr O’Dwyer said that the accused hoped that the five-month prison sentence could be suspended.