A man who found his “on and off” ex-partner in bed with another man has avoided jail after appearing before the Circuit Criminal Court.
Dean Howard (33) of Carrickmount Drive, Rathfarnham, Dublin 14, pleaded guilty to assaulting his ex lover’s new man by punching him several times in the face.
The court heard that both injured parties did not wish to accept a letter of apology or the sum of €2,500 as a token of remorse, but indicated that the monies should be sent to a women’s charity.
The offences took over two days in 2022 from which the accused was charged with assault contrary to Section 3 of the Non-Fatal Offences Against the Person Act, burglary, harassment, threats to kill, production of an article, and dangerous driving.
Judge Orla Crowe heard that the accused had come to the door of his ex’s home and gone into the house while she was in bed with the male injured party.
Howard “jumped on the bed” and hit the male in the face several times. The male injured party admitted that he had returned a punch. He was “verbally abusive” to the female injured party, calling her a “slag” and making a threat to her life.
The accused “brandished” a pint glass in the course of the altercation, but was removed from the bedroom after a female housemate intervene.
He then followed the male injured party in his car after he left the house, telling him to “stay away” from the female injured party.
The next day, the female injured party reported that he had followed her to work in his car. He also made 47 phone calls to her and sent 63 emails, although he received no replies.
The court heard that these communications were made in efforts to get her back.
He also sent flowers and an apology card to her place of work.
Howard made a voluntary cautionary statement on the 13th of July 2022, explaining what had happened.
The court heard he answered all questions put to him by Gardaí and that he is “deeply remorseful” for his actions. He now has a new partner with whom he has a one year old child.
Judge Crowe said that the defendant was “very hard working” but that he had been “very abusive, disrespectful in an extreme way” towards the injured party.
She said the impact of his offending had a “particularly severe” effect on her.
He went to her home “uninvited” and was dealing with “real anger issues at the time”.
In mitigation, she acknowledged his remorse, his efforts to make amends, and that he has received treatment since the incident after his “unwarranted, unacceptable behaviour”.
She said that he had been keeping hope that the relationship with his ex partner would recommence, but that what had happened was the “end of a relationship in a very frightening way” and that he had “overreacted in a criminal manner”.
Noting that the maximum sentence for the offending was 5 years in prison, she set a headline sentence of 2 years before sentencing the accused to 18 months in prison which she suspended on condition that he donate the money before the court to the women’s refuge in Rathmines, that he have no contact with the female injured party for a period of 3 years, and that he enter into a bond of €100 and keep the peace.