June 22, 2024

A person who viciously attacked his girlfriend at their daughter’s christening after she requested him if he wished extra kids has prevented going to jail.

Joseph Gallagher exploded right into a match of rage simply hours after the church ceremony in Stranorlar, Co Donegal on August fifteenth, 2021.

Gallagher head-butted the girl earlier than kicking her after which pulling her hair exterior a bar after the couple had loved the christening celebrations with household and pals.

The 35-year-old appeared at Letterkenny Circuit Courtroom the place he pleaded responsible to Part 3 Assault Inflicting Hurt on August fifteenth, 2021.

Decide John Aylmer mentioned an aggravating issue within the case was the connection between the sufferer and the accused with regards to Part 40 of the Home Violence Act which elevated an preliminary sentence of two years in jail to one in every of three years in jail earlier than mitigation.

Putting it within the mid vary of of such offences, Decide Aylmer mentioned the case arose out of a drunken argument.

In mitigation he mentioned the accused has co-operated totally, had proven regret and disgrace and that was all adopted by an early responsible plea.

He additionally cited the truth that there had been a reconciliation between the couple and that that they had been residing collectively for the previous ten months.

He mentioned the basis of Gallagher’s drawback lay with alcohol however that he had sought assist with this and had undergone an dependancy course at Cuan Mhuire in Galway and was additionally on an outreach programme at WhiteOaks in Donegal.

Garda Sergeant Maurice Doyle had earlier outlined the incidents which led to the vicious assault by Gallagher.

The couple had been in a bar at Assembly Home Road in Stranorlar with pals when the incident occurred.

Sergeant Doyle mentioned a dialog got here up concerning the couple having extra kids and Gallagher accused his girlfriend of “bullying” him into making a choice.

The lady replied that if that was the case then possibly they shouldn’t be collectively.

The accused man exploded and head-butted his girlfriend earlier than kicking her after which pulling her hair.

She ran again into the pub and was bleeding and a pal’s husband requested what had occurred to her and he or she was taken away.

Gallagher, with an tackle at Ardnawark, Barnesmore, was arrested on September seventh however claimed he was very drunk however he knew one thing had occurred.

He mentioned all he remembered was that they have been arguing along with the pub and that the girl’s nostril was bleeding and he then obtained a taxi.

Sergeant Doyle mentioned there have been no admissions to the assault however when it was outlined to Gallagher he mentioned it was “disgraceful” however that he couldn’t even bear in mind what they have been arguing about.

The courtroom was informed that the sufferer was given the chance to offer a sufferer influence assertion to the courtroom however she declined.

Barrister for the accused, Mr Damien Crawford, mentioned his shopper had engaged extensively with the Probation Providers for the reason that incident they usually had positioned him at a average danger of reoffending within the subsequent 12 months.

Mr Crawford mentioned TUSLA has additionally turn out to be concerned within the case and had devised a security plan which is being noticed and is working including the couple have been residing collectively once more for the previous ten months.

He mentioned his shopper had no recollection of the occasions within the evening however understands that it’s unacceptable and is present process counselling with the related providers for his alcohol restoration.

The courtroom was informed that Gallagher suffers from despair and cited the lack of his mom when he was simply three years previous in tragic circumstances as being a significant factor in his life.

Regardless of this, Mr Crawford mentioned the accused has expressed a deep regret for what he did and has taken steps to rebuild his life however that his household have been however ashamed and outraged by his actions.

Mr Crawford mentioned he was asking the courtroom to see that the accused does have decisions and assist and {that a} custodial sentence will not be required.

Passing sentence Decide Aylmer mentioned all of the options outlined by Mr Crawford deserved a discount in sentence from three years to 2 years.

He then mentioned that in addition to all of the energetic steps taken by Gallagher, there had been a reconciliation which gave the impression to be as a consequence of all of the steps taken by the accused to rehabilitate.

He mentioned that in all of those circumstances he was ready to droop the rest of your complete sentence.

Decide Aylmer additionally ordered Gallagher to abstain from drink and medicines, to maintain the peace for 2 years, to interact with the Probation Providers and in addition the interact with native psychological well being providers.

Man who beat up girlfriend at daughter’s christening celebration avoids jail was final modified: November third, 2023 by Employees Author