Suspended sentence for man who head-butted partner on day of child's Christening

A Barnesmore man who head-butted his partner during an argument on the day of their child’s Christening has walked free from court.

Joseph Gallagher was given a suspended two-year prison sentence when he appeared before Letterkenny Circuit Court on Friday.

The 35-year-old, with an address at Ardnawark, Barnesmore pleaded guilty to an unlawful assault which occurred at a public house at Meetinghouse Street, Stranorlar on August 15, 2021.

Gallagher and his partner were out celebrating the Christening of their 16-month-old child when a conversation took place between the pair, during which Gallagher accused the woman of ‘bullying’ him into making a decision about whether he would like more children.

Gallagher head-butted the woman, blooding her nose and her dress was destroyed. The victim told gardai how Gallagher also kicked her in the leg and pulled her hair during the course of the incident.

Sentencing Gallagher, Judge John Aylmer said that the fact the couple were in a relationship was an aggravating factor and merited a starting point for sentencing of three years imprisonment before taking into account the mitigating factors.

Judge Aylmer said the accused had a limited recollection of the event as he was intoxicated at the time,

“When interviewed, he immediately expressed shame and remorse for this offence and that was followed with an early guilty plea,” Judge Aylmer said.

Gallagher and his partner split following the incident but have since reconciled and the court was told that they have been in an intimate relationship for the last ten months.

“Excessive alcohol consumption is at the root of his problems,” Judge Aylmer said. “He recognised and acknowledged that and has engaged actively in treatment.”

Gallagher spent 16 weeks in the Cuan Mhuire addiction treatment centre and has also engaged with the Probation Service recently.

Judge Aylmer said the reconciliation between Gallagher and his partner has been as a consequence of his ‘positive rehabilitation’.

In all of the circumstances, Judge Aylmer said he was imposing a sentence of two years in prison, but felt it was appropriate to suspend the entirety of the sentence for two years.

Gallagher entered into a bond to keep the peace and be of good behaviour and was ordered to abstain completely from alcohol and unprescribed drugs. Judge Aylmer directed that he comply with all directions from the Probation Service and engage with local mental health services.

Sergeant Maurice Doyle relayed the facts of the case to Ms Fiona Crawford BL, counsel for the State.

On September 7, 2021, Gallagher was arrested and taken to Letterkenny garda station for questioning.

Gallagher told gardai that ’something happened’, but he did not remember. He said all he recalled was people arguing, the woman’s nose bleeding and a taxi being called to take job away.

Gallagher made no admissions to an assault. He again told gardai that he could remember the bloody nose, but had no recollection of the argument.

When the woman’s account was read to Gallagher by gardai, he replied: ‘Disgraceful, but it probably sounds right. I can’t even remember what we were arguing about’.

Ms Crawford told the court that, under Section 40 of the Domestic Violence Act 2018, the relationship between the two would have to be considered as an aggravating factor in the matter.

Mr Damien Crawford BL, barrister for Gallagher, said his client has a long-standing issue with alcohol and the Probation Service has deemed Gallagher as being a ‘moderate risk’ of reoffending.

“He was severely drunk at the time,” Mr Crawford said. “He himself says that this was a disgraceful act. He has virtually no recollection of his involvement, but he understands that his behaviour was simply unacceptable. “That he was deeply inebriated is not an excuse. He apologises for his deeply upsetting behaviour.”

Mr Crawford said his client’s apology is ‘sincere and genuine’. A safety order remains in place around the family home and Mr Crawford said Gallagher ‘is content that it remain in place so everyone sees that he is happy to abide by whatever structures to get his life back in order’.

Mr Crawford said his client has shown deep remorse and shame and said other family members have been ‘outraged and ashamed’ of the incident.

The court was informed that Gallagher has 29 previous convictions, including for theft and public order offences. The barrister said: “He has taken significant steps to rebuild and not reoffend.”