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Castlebar man allowed to spend Christmas with wife and children
07 Dec 2010 12:15 PM
A man who assaulted his wife gets to spend Christmas with his wife and children and not in prison
Castlebar man allowed to spend Christmas with wife and children
A CASTLEBAR man was spared spending time in prison over the Christmas and the New Year to allow him to spend time with his wife and children after he was convicted of assaulting his wife. However, Owen McDonagh of 56 An Sruthain, Castlebar was sentenced to three months imprisonment for assaulting his wife Ann McDonagh and will start his sentence on January 12, 2011. Last week’s sitting of Castlebar District Court heard that Mrs McDonagh had withdrawn her complaint against her husband and will allow him to move back into their home when the case is finalised. Owen McDonagh (23) had denied assaulting his wife at their former home at 27 Castlegrove West, Castlebar on February 3, 2010 but at a previous sitting of Castlebar District court in November, three gardaí gave evidence of seeing him hit his wife in a drunken tirade. The court heard that Ann McDonagh had called the gardaí and when they arrived they heard a woman screaming and Owen McDonagh shouting ‘I’ll kill her, I’ll kill her’. Garda John Paul Dunning said he saw the defendant hitting his wife with a wooden leg of a carry cot and he punched her. He refused to open the door to gardaí and they were forced to kick in the front door. When Garda John Murphy was going upstairs he claimed he was pushed by Owen McDonagh and all three gardaí had to restrain him before he was arrested. They said that Ann McDonagh suffered sever bruising to her arm along with scratches to her face. Owen McDonagh also faced charges of the possession of cannabis, having no road tax and two charges of threatening and abusive behaviour on two separate dates. After Judge Mary Devins found him guilty, the court heard that he has a number of previous convictions and has served a custodial sentence for assault. He told the court that a number of his previous convictions were due to alcohol and drug abuse and he is attending psychiatric services in St Michael’s Hospital. He added that because of his bail conditions he has not gone near his home but has been involved with his children. When asked by Judge Devins if his wife would take him back if he did not go to prison, he replied ‘most definitely so’. She said that the prosecution against Mr McDonagh was taken on behalf of State and not of behalf of the complainant and added it was a very serious assault. Judge Devins told Mr McDonagh that she could send him to prison for 12 month but would give him a chance. She said she was happy for him to spend Christmas and the New Year with his wife and children on the condition he does not ‘engage in this behaviour again’. Mr McDonagh gave an undertaking that he would not and was sentenced to three months imprisonment while the assault charge against Garda Murphy was taken into consideration. He received two three month concurrent sentences for the public order offences and was fined €100 for the possession of cannabis.
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