Man who assaulted his wife in hotel after he saw a love heart emoji on her phone receives suspended sentence

Irish Independent

2 days ago

The man, who is aged in his 50s and cannot be named for legal reasons, pleaded guilty to a charge under Section 3 of the Non-Fatal Offences Against the Person Act, 1997 on 17 June, 2023.
The court heard that the couple were staying at a hotel for a weekend away. They had dinner and drinks and were socialising with other guests at the hotel. At some point during the evening, the court heard the defendant saw a love-heart emoji on his wife's phone, which made him suspicious of an extramarital affair.
The court was told a row broke out later in their hotel room and, during the course of the dispute, the defendant struck his wife on the arm a number of times. He then held her down on the bed and briefly placed a pillow over her face. No serious injuries were caused as a result of the assault.
The case had been adjourned in March for a probation report, which Judge William Aylmer said he had considered.
Judge Aylmer said he had to assess where the offence lay on the spectrum of seriousness. He identified several aggravating factors, including that the assault occurred within an intimate relationship, that the victim was vulnerable and had been subdued on the bed, and that the defendant had abused a position of trust as her husband.
The judge said the defendant had exploited his wife as a vulnerable and defenceless victim, and that the use of the pillow - albeit briefly - constituted the use of a weapon in the context of the assault.
He also noted that the woman had alleged the defendant threatened to kill her or cause serious injury, though the man denied making any such threats.
However, Judge Aylmer also took into account several mitigating factors outlined by defence solicitor Michael Hennessey. He noted that the defendant had acted impulsively under the suspicion of an extramarital affair, while no serious injuries had resulted and he had no relevant previous convictions.
The man had also pleaded guilty at an early stage and had since referred himself to and completed the MOVE (Men Overcoming Violence) programme. The court also heard that he has not come to Garda attention since the assault two years ago.
Taking these factors into consideration, Judge Aylmer set a headline sentence of 10 months in custody, which he reduced to seven months due to the mitigating factors.
He imposed a seven-month custodial sentence, suspended in full for 12 months, on condition that the defendant remains under probation supervision during that period and does not come to Garda attention.
He noted that the couple are working through their difficulties and that the victim accepted her partner had completed the MOVE programme voluntarily. He also observed that the man's wife does not currently benefit from a protection order.
The judge said he was satisfied, based on the probation service report, that the defendant is continuing to engage with supports to address his difficulty in managing emotions within intimate relationships.
Recognisance was fixed as a formality, and the defendant signed a bond.