Man is jailed for ‘nasty’ assault on ex girlfriend

A 29-YEAR-OLD man who caught his then partner by the throat during a ‘violent and nasty’ assault has been sentenced to nine months in prison.

Raymond Winstone subjected his partner to an assault which happened in the sanctity of the family home leaving her terrifeid, Judge Sean O’Donnabhain was told at Wexford Circuit Criminal Court.

Winstone, of 39 Manor Village, Castlebar, Co. Mayo, pleaded guilty to assaulting Kate Quirke, at Piercestown, Co. Wexford, on June 29, 2018, causing her harm.

Garda Niamh Fitzgerald told prosecuting counsel Sinead Gleeson that the defendant and victim were in a relationship and living together in Piercestown.

On the day in question, Winstone verbally abused Ms Quirke, and threatened to kill her.

Garda Fitzgerald said the defendant dragged the injured party from the bedroom, following which she fell onto the floor.

In a statement read out by Garda Fitzgerald, Ms Quirke said: ‘He grabbed me by the neck. I asked him to leave but he refused. He once again grabbed me by the neck, pushed me back against the wall. He squeezed my neck. I was unsure if I lost consciousness. Then he lifted me up, kissed me on the cheek and left.’

Garda Fitzgerald told the court that there was a 10-month-old baby in the house at the time of the assault. The victim told her that she was in fear of her life and subsequently went to Wexford Garda to make a complaint. Garda Fitzgerald told the court that she had pictures of the injured party to hand into court.

The victim impact statement read out by Garda Fitzgerald, Ms Quirke said: ‘I have been suffering both mentally and physically from stress trying to cope with three children, two under the age of two.

‘We had both moved into this house, so happy to be starting a family with a man whom I thought loved me. We were only in three days when his anger started, when he assaulted me. I suffered flashbacks all that week, being unable to breath and thinking of him not getting his hands off my neck. I was in shock, I was in fear for my safety and the safety of my children.

‘That night when he left the house I was terrified for fear he would come back. I moved home to my parents for I was terrified he would come back to her home. I was so vulnerable. I felt weak and a failure, my dignity taken from me. I was on anti-depressants as a result. I’ve been living a nightmare when I should have been living a dream. I changed ny phone number. I feel numb and don’t know myself anymore. I’ve lost six stone and am seeing a doctor. My family live in fear he would kill me.

‘No one deserves to be strangled in her own home while our baby sleeps,’ she said.

Defence Counsel, Mark Tottenham told the court that the injured part attended Wexford Garda Station immediately after the incident, while the following day she went to Wexford General Hospital. Later, he said, she was looking to withdraw the complaint stating that he was not a violent man.

Mr. Tottenham said the defendant, who suffers from a brain injury as the result of an assault, has been getting help. He accepts his actions on the occasion went beyond what was justified. He is 27 years of age and she is 21. He had been living in the house and they subsequently had a child following this altercation.

Following some deliberation, Ms Gleeson said the child was the result of a one night liasion.

Judge O’Donnabhain said he was concerned about the abusive relationship and if that relationship is continuing.

Judge O’Donnabhain said this was a relationship in which the injured party was in a very vulnerable position. He said here was a 10-month old child in the house, but it did not stop Winstone from carrying out a violent assault.

On the assault, Judge O’Donnabhain said the injuries are not of a higher level but are nasty. He said he was alarmed that this relationship continued and they had a child. To set out access to the children they should visit a solicitor or the courts, warning that they should stay away from each other or it would happen again.

Judge O’Donnabhain said given the violent assault he could not avoid imposing a prison sentence. He said that in view of the plea he would impose a sentence of 18 months in prison, with the final nine months suspended. On his release, the defendant is not to contact the victim or children for a period of two year, this by direction of a court order.