Bishop's Street Courthouse
District Judge Barney McElholm said that if it wasn't 'for the dereliction of duty by a certain political party' a Derry man would be facing a much longer sentence for grabbing his partner and his son by the throat.
His comments came as he jailed Aaron Scott (39) of Glenside Park in Derry who admitted two charges of assault on his former partner and his son, a charge of engaging in domestic abuse, criminal damage and attempted criminal damage and possessing drugs on August 17 last year.
The court heard that police were called to a report of a domestic incident.
When they arrived they saw a male walking away from the address.
One of the injured parties said her former partner, Scott, had arrived at the address intoxicated.
An argument ensued and her son took the other children upstairs to avoid the altercation.
Scott then grabbed the woman by the throat and when the son intervened he grabbed him by the throat also.
Judge McElholm said the victim impact statement from the son was 'one of the most moving and honest statements' he had seen.
Defence counsel Fergal McCormack said that there was not a lot he could say and agreed that the victim impact report was 'moving in the extreme'.
Judge McElholm said that if it wasn't for the 'abject failure of some people to do what they were elected to do' there would be legislation covering non fatal strangulation.
He said if that legislation had been in place 'this creature' would be before the Crown Court facing years in prison.
The judge said Scott had lied to probation he had victim blamed and sought to excuse his behaviour.
Describing Scott as 'a disgrace' the judge said that 'there is something deeply wrong with you.'
He sentenced Scott to 11 months in prison and imposed a Restraining Order for a period of 10 years.
He told Scott that meant he was 'not to speak her name.'
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