July 14, 2024

A person who breached a court docket order by touchdown at his ex-partner’s residence and shouting within the letterbox has been given a suspended sentence.

The person, who’s aged in his 30s and can’t be named so as to shield the id of the girl, was charged with breaching a safety order that had been made in court docket.

He was charged with an offence opposite to part 33 (1) of the Home Violence Act, 2018.

The accused man, who was dropped at Letterkenny District Court docket from Castlerea, the place he was remanded in custody, additionally pleaded responsible to the theft of a backdoor key belonging to the girl.

The court docket heard that the person contravened the safety order the day after it was made when he arrived on the girl’s home in County Donegal in an intoxicated state.

Sergeant Jim Collins informed the court docket that the girl was out for the night and obtained a name to say that the person had returned.

The person pressured entry into the home and took a key to the backdoor.

When the girl returned, he shoved the girl and was described by gardai as being “fairly noisy and emotional”.

“He was making a scene,” Sergeant Collins mentioned. When gardai arrived, the person was aggressive and he was arrested on the scene.

The defendant was discovered on his knees shouting via a letterbox on the handle of the girl and put her in worry.
Gardai mentioned the safety order prevented the person from watching or besetting the house of the girl.

The person was put into the witness field by his solicitor, Mr Patsy Gallagher.

He mentioned the expertise of being in custody for 2 weeks was “like hell on earth”. He mentioned he undertook to now abide by the phrases of the court docket order.

“I don’t wish to annoy anyone,” he mentioned. “I attempted to inform her that I liked her. I simply requested for one probability. I want her nicely. I pray that the Lord blesses her.”

Mr Gallagher mentioned his consumer is a “very Christian and understanding man.”

He mentioned the accused man now accepts that he acted wrongly and inappropriately. Mr Gallagher mentioned the person has had psychological well being difficulties and has sought assist.

Since getting into custody, the time frame has been “traumatic and a time of realisation”, Mr Gallagher mentioned.

“He has no intentions of creating any approaches and he acknowledges that any actions would put her in worry.”

Mr Gallagher, whereas noting the fears that exist, urged the court docket to impose a suspended sentence as one thing hanging over his consumer for a time frame might act as a deterrent.

Beforehand, the girl took to the witness field and informed Choose Cunningham that she is affected by fixed post-traumatic stress dysfunction and mentioned she could be afraid if the person had been granted bail.
“He has been to locations uninvited and I’m afraid he’ll do it once more,” she mentioned. “How can I assure my security? I do know that he shall be again. I can’t assure that he gained’t be again. I’m afraid that he shall be again to my door.”

At varied intervals in the course of the listening to, Mr Gallagher needed to instruct his consumer to be silent as he tried to handle the court docket and the girl about his emotions for her.
Choose Éiteáin Cunningham mentioned these are “very critical issues”. The person has no earlier convictions and Choose Cunningham mentioned that he has indicated that he has realized a lesson.

However for his early plea and the mitigation put ahead by his solicitor, Choose Cunningham mentioned a custodial sentence might have been imposed.
For the part 2 assault of the girl, the person was directed to pay 1500 in compensation and was given 12 months to take action.

For breaching the safety order, the person was sentenced to 4 months in jail with the whole lot of the sentence suspended for a interval of 18 months.

Choose Cunningham warned the person that this represents “an opportunity” for him.

Barred man who shouted in ex-partner’s letterbox given suspended sentence was final modified: June sixth, 2024 by Employees Author