07 Aug 2022

Man who knocked woman's tooth out fails in appeal against ten-month sentence

Man who knocked woman's tooth out fails in appeal against ten-month sentence

Man who knocked woman's tooth out fails in appeal against ten-month sentence

A WOMAN'S tooth was knocked out and others were dislodged when a man attacked her in Tullamore, the local Circuit Court heard.

Martin Killian, 31, who lives in sheltered accommodation in Kilbeggan, failed in his appeal against a 10-month sentence imposed on him for the assault on Rebecca Malone.

The woman told gardai Mr Killian was her “on-off” partner when she gave them a statement in hospital on July 5 last after the assault at his residence at 7 Esker Island.

Garda Conor Shields said Ms Malone told them she had been punched once to the face in a bedroom an hour earlier, resulting in one of the teeth in the upper row being knocked out and four on the same row being dislodged.

When gardai visited the house they found Mr Killian sitting on a bed in a highly intoxicated state.

There was blood on the floor and Mr Killian's hoodie and swelling and blood on the knuckles of his left hand.

Garda Shields also said Mr Killian was on bail for a previous assault on her at the time and was the subject of a curfew, as well as a prohibition on him having contact with the woman.

In a victim impact statement the woman said she suffered from depression and anxiety but added that the appellant would not have committed the assault if he had not consumed alcohol.

She said she knew he had a lot of problems and issues to resolve and was on a waiting list for treatment at the Cuan Mhuire centre.

At the time of the assault she was in fear of him but that was no longer the case because she got a barring order.

Cross-examined by Rory Hanniffy, BL, for Mr Killian, Garda Shields agreed that the appellant had a very serious problem with alcohol.

Garda Shields said the man had been in custody for about two weeks in July.

He accepted there had been contact between the man and his victim after the assault, but if he was at her residence, he could not say that she had invited him there. Garda Shields said they had a child together.

Addressing Judge Keenan Johnson, Mr Hanniffy said the sentence reflected what had been a very serious assault by Mr Killian on his former partner but she had been very fair in her statement and said he was never violent when he was sober.

Mr Hanniffy also said his client had consented to a three-year barring order and after a period of homelessness, the sheltered accommodation had been secured through his engagement with the Community Alcohol and Drugs Service.

Mr Hanniffy, who was instructed by Patrick Martin Solicitors, said Mr Killian was very remorseful and had letters of apology for the court and the injured party.

Having spent a couple of weeks in custody he would like to avoid going to prison again.

He was on social welfare but had previously been employed as a labourer in a scrapwork and would work again and would contribute to the victim's costs.

Judge Johnson said Mr Killian had pleaded guilty to the assault at a District Court sitting in July but had not come with any compensation.

He said Ms Malone had been charitable in her victim impact statement by referring to Mr Killian's problems but he was a man who was on bail at the time for a similar offence.

He said a custodial sentence was inevitable for that type of domestic violence so he could find no fault with the sentence imposed by Judge Catherine Staines in the District Court.

He dismissed the appeal and affirmed the order of the District Court but gave Mr Killian credit of three weeks for the time he spent in custody.

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