Man is jailed for 'vicious assault' on ex-partner in Waterford

A man who subjected his ex-partner to what the judge said was “a vicious assault” received a five-and-a-half year prison sentence when his sentencing hearing took place at a sitting of Waterford Circuit Criminal Court.

Damien McCabe, Island View, Knockboy, Co Waterford, appeared before Judge Eugene O’Kelly, by video link from Cork Prison.

State Prosecutor, Conor O’Doherty BL, informed the judge that a guilty plea was entered “on all counts” by McCabe on June 7, this year.

The charges included burglary, assault causing harm, false imprisonment and threatening to kill or cause serious harm. The offences occurred at Morrisson’s Road, Waterford, on March 18, this year.

The judge heard evidence from a Detective Garda that a report was received of a domestic violence incident at Morrisson’s Road on the date mentioned.

Upon arrival a member of the public told gardaí she had seen “a blonde-haired lady being dragged into the house screaming for help”.

Judge O’Kelly heard the gardaí knocked on the door of the house and having received no response forced entry to the property. He was told another man identified the victim to gardaí and that she had told him previously she was “having problems”.

The court heard the victim of the assault “fell out the door covered in blood” and McCabe was inside sitting on a couch smoking a cigarette. There was blood on the floor and on his clothing.

Judge O’Kelly heard that following his arrest McCabe made full admissions in relation to the matter.

Mr. O’Doherty outlined the details of the case and said that on the night in question the victim was finished work and went out for a few drinks.

“On the way home she observed her former partner, who she had broken up with before this,” said Mr. O’Doherty.

“He was at the front door and forced his way in,” he added. “He pushed the door back on top of her.” The judge was told McCabe then got his victim in a headlock and started “bashing” her and that he told her “look what you’re making me do”.

The court heard the victim had told gardaí: “He kept bashing me with his two fists. It was a closed fist, he never opened his hand once.” The victim managed to calm her attacker down and made a run for the door, however, the court heard he grabbed her by “the top of my hair” and started bashing her again.

The victim took to the witness stand and confirmed the details of her victim impact statement.

She said she hit her head against the wall in the hallway and she could feel blood going down her face.

Shortly after, he caught her by the two ankles and dragged her into the hallway. The judge was told McCabe told his victim he would kill her if she kept shouting. He got red duct tape but she asked him not to put it on her.

“There was a knock on the door and I said there was children at the door but he wouldn’t let me get up,” said the victim.

“He said if I screamed he would kill me,” she added. The judge was then told the victim had a cable tie placed around her neck but McCabe “didn’t tighten it”.

In her victim impact statement the woman said she thought she was going to die. While outlining some of her physical injuries she said her mental wounds “will never heal” and that she needs two inhalers – one to stop her panicking and one to help her breathe. The judge heard the victim had since moved to another house.

Gareth Hayden BL, representing McCabe, told the court his client had composed a hand-written letter of apology.

“He would like to apologise to you for assaulting you and is ashamed of hurting you mentally and physically,” said Mr. Hayden.

In his letter McCabe told his victim that what he did that day was “out of character” and he promised: “I will never harm you in any way ever again”.

He also told his victim that his actions had affected his children and his family as well. He wrote that if he meets his victim out in public he will turn the other way so she doesn’t have to face him.

He finished his letter by stating: “From the bottom of my heart, I am truly sorry.” In court, in response to hearing the content of her attacker’s letter, the victim said: “I do not wish him any harm or hurt but just leave me alone. I will not forget it.” “I am just glad he is not here today because I just can’t be in the same room as him,” she said.

Mr. Hayden said his client was a native of Waterford City and had no previous convictions. He also said his client worked as a kitchen porter and he commented that the effect of his actions “will not be lost on anyone”.

He conceded there were aggravating factors and mentioned the duct tape and the cable ties “although he didn’t tighten them”.

“There was a severe level of violence,” he said. He also remarked that it was prolonged and went from the hallway to the living room and back to the hallway.

Before passing sentence, Judge O’Kelly highlighted something that was in McCabe’s Probation Report and made reference to the fact that in his letter he had stated what he did was out of character.

“It turns out his previous wife or partner had a barring order,” said Judge O’Kelly.

“So why apologise and say ‘this is not me’ and I am being told he has never come to the attention of the gardaí,” he added.

“It’s a barring order and is a very serious court order in a domestic incident.” The judge went on to comment: “I want to know how much credibility can be given to his apology”.

Mr. Hayden said his client felt “deep shame and remorse over what he did” and regretted hurting the injured party.

The judge heard McCabe found prison “very difficult” and Mr. Hayden said: “There is some solace to the injured party that he didn’t get bail and she did not have to bump into him.” “She said that if he had been at liberty she would not have come out at all,” he said.

With regard to his client, Mr. Hayden said: “He said he will never put himself at risk of going to prison again.” “He works in the officers’ mess and it’s a trusted position in the prison,” he said.

“He has put his time to use since going into custody and is taking steps so that this will not happen again,” he added.

Mr. Hayden asked the judge to suspend a portion of any sentence applied and commented: “He says he hates prison.” In his summation Judge O’Kelly said: “It’s his instruction that he will never put himself at risk again. The Probation Officer is concerned that he will with alcohol issues but he disputes this.” “He admits consuming 10 or 12 pints but disputes he was drinking heavily on the night of the offence,” said the judge.

Judge O’Kelly then outlined the details presented to him and remarked on the charges of burglary, false imprisonment and the threat to kill.

However, he commented: “The fact Mr. McCabe had a significant amount of drink in the lead up to this could not in any way reduce his culpability.” “One has to look at the aggravating factors of this offence,” said Judge O’Kelly.

“The burglary was aggravated by the fact it was her home, it was her residence,” he added.

“He knew he did not have permission to go into the house and forced his way in.” He said it was also aggravated by the fact McCabe had attempted entry by deception in that he said he wanted to apologise, while arriving with duct tape and cable ties.

Judge O’Kelly commended the concerned passerby who phoned the gardaí when she witnessed some of the violence.

“It was a savage beating on the victim by Mr. McCabe,” said Judge O’Kelly, noting that she was punched with a closed fist into the side of the head.

“I have to place this burglary on the mid-range of gravity,” he said, before handing down a sentence of eight years in prison.

With regard to the charge of false imprisonment, Judge O’Kelly said there was clear pre-meditation on the part of the offender in that he went “with paraphernalia to subdue the victim”.

“He violently beat her to prevent her making good her escape,” he said.

“She hit her head on wall and he turned up the volume to drown out the sound of her screaming,” he added.

He also said the duration of the victim’s ordeal was also an aggravating factor and described the offence as being in the upper mid-range and imposed another eight-year sentence.

“He threatened that he would kill her if she didn’t stop screaming for help,” said the judge, referring to the next charge.

He said that threat was made “all the more real” by the violence inflicted upon the victim.

“The gardaí found her in a very bloodied state,” he said. Referring to the duct tape again, the judge also highlighted that the victim had a cable tie placed around her neck “twice, but it was not pulled tight”.

“She believed she was going to die,” commented the judge before saying an appropriate sentence was six years in prison.

In mitigation he referred to the early guilty plea, which he said was significant because it relieved the victim of the ordeal and trauma of giving evidence and reliving the experience.

He said it also alleviated the cost involved to the State of holding a jury trial. Judge O’Kelly took into account McCabe’s work history.

Having outlined the mitigating factors the judge reduced the sentence on the first two charges by two-and-a-half years “to leave a net sentence of five-and-a-half years”.

“I must look at the efforts he has made at rehabilitation since going into prison,” said the judge.

“He has been engaging with different workshops,” he added.

Describing McCabe as being someone who “appeared to be attempting to turn his life around” he suspended the final 18 months of the sentence for Counts 1 and 2.

The judge said the sentences are to run concurrent and McCabe was bound to keep the peace and be of good behaviour for a period of 18 months post-release from prison and follow all directions of the Probation Service.

In total McCabe was sentenced to five-years-and-six-months in prison with the final 18 months suspended.