Cork judge 'gobsmacked' at appeal by man convicted of attacking his ex in front of their children
Judge Sinead Behan said she was "gobsmacked" at Cork Circuit Appeals Court to hear that the man was hoping for a dismissal under the Probation of Offenders Act in his appeal of the five-month sentence imposed on him at the district court.
After adjourning the case for further information on how matters had progressed since this occurred over two years ago, Judge Behan said that she would suspend the five-month jail term on condition that he would keep the peace for the next two years.
He was also required to pay €500 compensation to his former partner for the assault.
The judge warned him that if there was any further difficulty in the two-year period of the suspension then he would serve the five months in jail.
Sergeant John Kelleher confirmed – after speaking to the victim of the case – that there had been no further assault since 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.
The sergeant described that incident: 'He started poking and punching her a number of times in the ribs. 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 he 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 and his former partner have a civil relationship now and they get on with each other.
It is no excuse but he was drinking heavily on the night.
"They are not living in the same house now.
'He has apologised to his former partner. He has apologised to his children,' Mr O'Dwyer said. Sgt Kelleher said the victim told him that she got a garbled text from her ex-partner the day after this occurred but she did not regard it as an apology.
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