A man who “pinned” his wife to a bed, leaving her struggling to breathe until gardaí intervened, has avoided jail.
The midlands man, a father in his mid-40s, pleaded guilty to assault by strangulation, driving without insurance, breach of the peace and theft. He cannot be named because he also admitted violating a safety order.
Mullingar Circuit Criminal Court heard that when gardaí carried out a welfare check, the couple’s children ran out of their home “screaming Daddy’s choking Mammy”.
His victim told the court, “he is not a bad person when sober”.
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In October, Judge Kenneth Connolly had expressed concerns about her safety after noting the couple were still together.
Sentencing was adjourned with conditions that the man remain alcohol-free and seek addiction treatment.
Sentencing resumed on Wednesday, with the court learning the accused had been involved in three further alcohol-related arrests.
The new incidents involved drink-driving, a row with his brother and a confrontation with a woman he pushed, resulting in gardaí issuing him with an adult caution.
Despite his protestations of sobriety, the accused also admitted he had gone drinking again in March while watching an Ireland–France rugby match. Connolly said he had exhausted the court’s patience.
The accused’s wife again told the court she believed his offending was all drink-fuelled.
He had also attended residential treatment, but had checked out of rehab within 24 hours, claiming he had separation anxiety due to missing his family.
However, he had engaged with another addiction counselling support group, the court heard.
Connolly noted the aggravating factors, the seriousness of the offence and his conduct while awaiting sentence, but also took into account the victim’s evidence, reports on the accused’s mental health and addiction issues.
He imposed a sentence totalling 30 months but suspended it, provided the man does not reoffend within five years and complies with a range of conditions and supervision.
The accused hugged his wife in court, prompting the judge to pause delivering his full ruling and tell him to conduct himself appropriately and that the court was not a cinema.
He was disqualified from driving for six years and warned that he would serve the full sentence if he broke the terms imposed.
After this, the accused thanked him for the chance he had been given. “You do not want ever to see me again,” the judge replied.
Earlier, the court heard that on a date in 2024, the man had arrived at a local supermarket highly intoxicated. He verbally abused staff before taking an alcoholic beverage from the shelf and drinking it.
Despite being under a road ban at the time he drove home, and then had a row outside the house with another person as the victim tried to get him to come inside.
He then turned on her, saying, “I’ll kill you”, and grabbed her by her arms while his children were present.
Gardaí had been alerted following the scene at the supermarket, and went to the man’s house to conduct a welfare check. His wife had already obtained a safety order, which he breached.
The court heard that when they arrived, they found the woman had been pinned on the bed by her husband, and he was pushing her under the chin. She was meanwhile “unable to breathe”.
Ultimately, they had to use pepper-spray him to subdue him.
His wife spoke in court about her husband’s problems with depression and said he had not been taking his medication at the time. The woman told Connolly he “became a different person” when he abused alcohol.
She said the family situation had significantly improved since then.
The victim believed he had been self-medicating with alcohol at the time of the attack, and said it would be devastating for her and their children if he were jailed.
She also explained that although the incident was “terrifying”, she did not think her husband still posed a risk.
The court heard the man had 41 mostly drink-related convictions, including for assault, motoring offences, obstructing gardaí, and a firearms offence.
The judge also heard he was the primary “breadwinner” for the family.
Conditions of the suspended sentence state that he must obtain treatment, remain under Probation Service supervision, abstain entirely from alcohol, attend training or employment, and seek help from Men Overcoming Violent Emotions (Move Ireland) to prevent further domestic violence.
