A 21-year old Irvinestown man was handed down an 8-month prison sentence at Fermanagh Magistrates Court when he appeared on two sets of charges, seven in all, on two dates last year.
The accused was Tristan Paul McCarney from Bridge Street who, until the day of the Court, had denied all seven offences, all of which related to incidents involving his former partner, Sharon Millar. They included two counts of assaulting Ms Millar, one on 26th June and the other on 11th July last year, and damaging a glass mirror, contravening a non-molestation order, damaging five doors belonging to the NI Housing Executive to the tune of £471, damaging an imitation fireplace and a hand-held mirror.
Turning to the events of 11th July last, counsel for the prosecution said the injured party, Sharon Millar rang '999' to complain to Police she had been assaulted by her ex-boyfriend. Officers called at her home and she told them that 10 minutes after he became angry and started punching her on the head and kicked her whilst she was on the ground.
She further claimed that the assault lasted 10 minutes and took place in front of their 20-month old daughter. Subsequently, Ms Millar was examined by a PSNI medical officer who noted bruising to her head and arms.
McCarney was later arrested for breach of a non-molestation order served on him three days earlier.
The Court were then given details of an incident on 27th June, two weeks prior when the injured party let in McCartney who was banging on the front door. She told Police that he was verbally abusive, the baby started to cry and he pushed her out into the hall and made her stand there and that, when she made to move, he struck her on the side of the head.
The Court was told that when he went into another room, she grabbed her daughter and ran to her mother's house. On that occasion, she was medically examined but no injuries noticed. But, on the back of that incident, Ms Millar sought and obtained a non-molestation order.
The Court heard that, when interviewed by police, McCarney denied being in the house on both occasions.
His solicitor submitted that both sets of offences arose from the injured party not permitting his client to see their child. On the first occasion, he was very drunk and had no recollection of the incident. On the second occasion, there was a dispute about baby-sitting problems, his client went out and got drunk and, this time, he fully accepted he assaulted Ms Millar.
"It was a disgraceful incident", he added, "and he offers Sharon Millar an unreserved apology. He comes before the Court completely contrite and ashamed of himself. When he is released from custody, he accepts he has to stay away from Sharon Millar, but he does want to stay engaged with his daughter".
Defence counsel explained that his client lived in Irvinestown but, on his release, he intended living with his father in Trillick. He also asked the Court to give the defendant for his guilty plea, albeit it came late in the day.
The RM, Liam McNally, addressing McCarney, noted that having assaulted Sharon Millar on 26th June last year and caused damaged to items in the house, he returned a couple of weeks later and not alone assaulted Ms Millar but kicked her whilst she was on the ground.
"A further aggravating factor", he added, "is that both these events took place in the presence of a child. It has to be a custodial sentence'.
He imposed three months' jail in respect of the incidents of 26th June for assault, two months for damaging a hand-held mirror and two three months' suspended sentences for damage to the doors and fireplace, the fist two jail terms to run concurrently.
In respect to the vents of 11th July, McCarney was given five months' imprisonment for assaulting Ms Millar, 3 months for contravening a non-molestation order and three months imprisonment for damaging doors.
