A 49 year-old man, who threw his former partner from her wheelchair and punched her in the face after returning home from an ‘all-night drinking’ session, has escaped immediate custody.
Martin Maguire, of Hillhead Road, Knockloughrim, was told by Deputy District Judge Noel Dunlop that he was ‘lucky’ he had decided to plead guilty because had he continued with the planned contest and been convicted, he would be going ‘straight to prison.’
Maguire entered pleas of guilty to two charges of common assault and assault on a designated police person, when he appeared before Magherafelt Magistrates Court this morning.
Outlining what happened on January 1, a prosecuting lawyer told the court that at 10.30am on the day in question, police received a report about an ongoing domestic incident at an address in Knockloughrim.
The victim told police that her husband had been out all-night drinking. When he returned home, he approached her and threw her out of her wheelchair then punched her on the face, the court heard.
The prosecutor went on to tell the court that when officers first arrived to the property, they were met at the door by the injured party, who was observed to be in a highly distressed and fearful state. Visible injuries to her face were noted by police at this time.
The court was then told that the defendant, who appeared to be an intoxicated state, was located by police in the backyard of the property. When he saw police, he became agitated and shouted: “F**k you and your GBH. I wasn’t even in the house,” the court heard.
Maguire was arrested and while in custody he was verbally abusive to officers. He also threatened: “When I get home I’m going to beat the f**k out of the wife,” the court heard.
Despite attempts to calm him down, the defendant continued to act in an aggressive manner and started kicking out. At this point, he kicked a custody officer in the leg which resulted in a cut.
He eventually did calm down and was held in a custody cell until the following morning when he was interviewed. Throughout the interview, he refused to answer any questions put to him.
The court was then told that the injured party did attend hospital and received treatment for damage to soft tissue.
Defence barrister, Michael Forde told the court that at the time of the offences, the defendant was ‘completely intoxicated.’
“The injured party is this man’s wife but that relationship is well and truly over. He was intoxicated at the time however he hasn’t had a drink since. He is a changed man,” said Mr Forde.
The barrister added: “This man appears before the court with a limit record for driving offences. There is nothing on his record for assault.”
Concluding, Mr Forde added: “He is a man that has his own health difficulties and is attending with his GP.”
Addressing the defendant during sentencing, Deputy District Judge Noel Dunlop said: “This was disgraceful behaviour. Offences of this nature will not be tolerated be the courts. You are lucky that you have decided to plead guilty, for had you continued with the contest and been convicted, you would have been sent straight to prison.”
The judge sentenced Maguire to four months in custody suspended for a period of two years. A restraining order preventing the defendant from having any contact with the victim either directly or indirectly, was also put in place for a period of two years.
Maguire was also fined £200 for the offences.
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