A man who viciously attacked his girlfriend at their daughter’s christening after she asked him if he wanted more children has avoided going to jail.
Joseph Gallagher exploded into a fit of rage just hours after the church ceremony in Stranorlar, Co Donegal on August 15th, 2021.
Gallagher head-butted the woman before kicking her and then pulling her hair outside a bar after the couple had enjoyed the christening celebrations with family and friends.
The 35-year-old appeared at Letterkenny Circuit Court where he pleaded guilty to Section 3 Assault Causing Harm on August 15th, 2021.
Judge John Aylmer said an aggravating factor in the case was the relationship between the victim and the accused with reference to Section 40 of the Domestic Violence Act which increased an initial sentence of two years in prison to one of three years in prison before mitigation.
Placing it in the mid range of of such offences, Judge Aylmer said the case arose out of a drunken argument.
In mitigation he said the accused has co-operated fully, had shown remorse and shame and that was all followed by an early guilty plea.
He also cited the fact that there had been a reconciliation between the couple and that they had been living together for the past ten months.
He said the root of Gallagher’s problem lay with alcohol but that he had sought help with this and had undergone an addiction course at Cuan Mhuire in Galway and was also 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 Meeting House Street in Stranorlar with friends when the incident happened.
Sergeant Doyle said a conversation came up about the couple having more children and Gallagher accused his girlfriend of “bullying” him into making a decision.
The woman replied that if that was the case then maybe they shouldn’t be together.
The accused man exploded and head-butted his girlfriend before kicking her and then pulling her hair.
She ran back into the pub and was bleeding and a friend’s husband asked what had happened to her and she was taken away.
Gallagher, with an address at Ardnawark, Barnesmore, was arrested on September 7th but claimed he was very drunk but he knew something had happened.
He said all he remembered was that they were arguing at the side of the pub and that the woman’s nose was bleeding and he then got a taxi.
Sergeant Doyle said there were no admissions to the assault but when it was outlined to Gallagher he said it was “disgraceful” but that he couldn’t even remember what they were arguing about.
The court was told that the victim was given the opportunity to provide a victim impact statement to the court but she declined.
Barrister for the accused, Mr Damien Crawford, said his client had engaged extensively with the Probation Services since the incident and they had placed him at a moderate risk of reoffending in the next 12 months.
Mr Crawford said TUSLA has also become involved in the case and had devised a safety plan which is being observed and is working adding the couple have been living together again for the past ten months.
He said his client had no recollection of the events in the night but understands that it is unacceptable and is undergoing counselling with the relevant services for his alcohol recovery.
The court was told that Gallagher suffers from depression and cited the loss of his mother when he was just three years old in tragic circumstances as being a major factor in his life.
Despite this, Mr Crawford said the accused has expressed a deep remorse for what he did and has taken steps to rebuild his life but that his family were nevertheless ashamed and outraged by his actions.
Mr Crawford said he was asking the court to see that the accused does have choices and support and that a custodial sentence may not be required.
Passing sentence Judge Aylmer said all the features outlined by Mr Crawford deserved a reduction in sentence from three years to two years.
He then said that as well as all the active steps taken by Gallagher, there had been a reconciliation which appeared to be as a consequence of all the steps taken by the accused to rehabilitate.
He said that in all of these circumstances he was prepared to suspend the remainder of the entire sentence.
Judge Aylmer also ordered Gallagher to abstain from drink and drugs, to keep the peace for two years, to engage with the Probation Services and also the engage with local mental health services.