June 22, 2024

A person whose ex-wife was unintentionally injured in a felony harm assault on her residence has prevented going to jail after he paid her €5,500.

Denis McGettigan, 58, grew to become enraged when he discovered his ex having Sunday dinner along with her new associate at her residence in Carrownagonagh, Milford on February seventh, 2021.

He head-butted the entrance window of the home smashing it and inflicting the glass to fall onto Mrs McGettigan’s leg inflicting her a deep minimize.

He initially provided his ex Kathleen McGettigan simply €500 for the harm brought about  after she had been injured within the assault

However Choose John Aylmer final yr refused what he known as “a miserly supply” and adjourned the case warning McGettigan he would wish to extend his supply.

McGettigan had appeared at Letterkenny Circuit Court docket charged with two counts of felony harm.

The court docket was advised by Detective Garda Enda Jennings that the accused arrived on the residence of Kathleen McGettigan whereas she was cooking Sunday dinner for her new associate Hugh Flood.

He was in a rage and after punching and smashing the windscreen of his personal car, he started to head-butt and kick the door of the home in.

He shouted aggressively at each Mrs McGettigan and Mr Flood and mentioned “That bastard is in my home.”

He then went to Mr Flood’s van and smashed the 2 headlights on it.

After this he head-butted the entrance window of the home smashing it and inflicting the glass to fall onto Mrs McGettigan’s leg inflicting her a deep minimize.

The associated fee to restore the 2 headlights was €312 whereas the window of the home price €510 to interchange.

Throughout interview, McGettigan of Glebe, Kilmacrennan, gave a background to the break-up of his marriage and admitted inflicting the harm to the property.

He mentioned he didn’t realise he had minimize his ex-wife’s leg, apologised and later signed himself right into a psychiatric unit.

The court docket was advised that McGettigan, a builder by occupation, doesn’t have any earlier convictions.

Kathleen McGettigan, in her sufferer impression assertion, spoke about her accidents claiming her ex had proven no regret and had by no means provided an apology.

She mentioned she simply needs that Denis McGettigan would replicate on his ‘barbaric and intimidating’ behaviour on the day stating the truth that he would cut back himself to such barbarity is simply unhappy.

She added that their marriage was over a very long time in the past and that she has managed to rebuild and heal her life with Hugh Flood.

Mrs McGettigan mentioned she additionally fears that she is terrified her ex will flip and do one thing that even he’ll remorse.

In his sufferer impression state, Mr Flood mentioned he want to ask McGettigan why he was going out of his approach to make their lives a distress and a dwelling hell over the previous 5 years.

He added that he not feels protected and that his psychological well being and wellbeing has suffered in consequence.

He mentioned he simply needs to be left alone to reside in peace with Kathleen however that he nonetheless fears one other assault by McGettigan or somebody he will get to do it.

The court docket heard that McGettigan has no earlier convictions.

He mentioned his difficulties arose out of the break-up of his marriage in 2017 which had a profound impact on him in numerous methods together with his psychological well being.

Earlier than this that they had loved an extended and profitable marriage and had 4 grown-up youngsters who had all gone on to have profitable lives and careers.

However Mr Magee admitted that his shopper is discovering it “extraordinarily troublesome” to maneuver on.

He added that he’s making an attempt to maneuver on together with his life however that feelings have been excessive when he discovered his ex-wife residing in the home with the opposite celebration.

Mr Magee mentioned his directions type his shopper have been that the problem of the broken window had been resolved by insurance coverage however that Mr McGettigan was providing an additional sum of €500 and requested the court docket to do what it might for Mr McGettigan.

Responding Choose John Aylmer mentioned these have been critical offences noting the utmost sentence for felony harm is certainly one of ten years in jail.

He referred to the deep minimize on Mrs McGettigan’s leg which required therapy saying “It might have been so much worse and it was by pure probability that it wasn’t.”

He mentioned the the court docket thought of the supply of €500 as a “miserly gesture” reiterating that this was a “critical offence” and one which ordinarily may advantage a custodial sentence.

“I’m going to say no extra and adjourn the problem to the following session and provides the accused time to replicate and put a greater foot ahead within the hope that he may keep away from a custodial sentence,” he mentioned.

He advised Mr Magee that the adjournment would give himself (the Choose) time to replicate in addition to the accused and that hopefully his directions to Mr Magee will enhance.

This week Mr Magee mentioned his shopper had elevated his supply to his ex-wife with a further €5,000 and likewise advised the court docket that he had omitted to say that McGettigan had known as to his spouse per week after the incident to apologise.

Passing sentence, Choose Aylmer described the incident as “a reasonably violent onslaught” on the house of the accused man’s ex-wife.

He famous McGettigan was already on bail when the offence occurred and likewise that it was an offence to which Part 40 of the Home Violence Act applies.

He positioned it within the mid-range of such offences and one which merited a sentence of three years in jail earlier than mitigation.

He positioned the assault on Mr Flood’s automobile on the decrease finish of the size bit one which nonetheless merited a sentence of 18 months.

In mitigation, Choose Aylmer mentioned McGettigan had no earlier convictions, that he had cooperated with the investigation, had apologised to his ex-wife and entered an early plea.

He additionally famous that he had grave problem dealing with as much as the breakdown of his marriage, was struggling important psychological trauma and was not enduring good well being.

Having regard to all these components he lowered the sentence to certainly one of two years however contemplating the accused has no earlier convictions he deemed it match to droop all of the sentence for a interval of two years.

He additionally lowered the felony harm cost on Mr Flood’s automobile to certainly one of 12 months however due to McGettigan’s well being points, he additionally suspended that sentence on the identical phrases.

 

Man who injured ex-wife after jealous rage avoids going to jail was final modified: February 1st, 2024 by Employees Author