A 38-YEAR-OLD MAN who held down his then-girlfriend, telling her “you are not leaving this house, bitch, until you are dead” during an assault, has been given a suspended sentence.

Judge Francis Comerford at Ennis Circuit Court imposing a suspended two year and six month sentence on Colin Curtis of Horseshoe Grove, Crusheen, Co Clare, which means he will not have to serve time in prison unless he breaches the conditions of the suspended sentence.

Curtis pleaded guilty to the assault causing harm and threatening to kill the woman on 26 May 2023 at an apartment on Parnell Street, Ennis.

In sentencing, Judge Comerford said that Curtis had “terrorised” the woman during the one hour ordeal at her apartment in what was “a horrendous assault”.

Judge Comerford said that it was “a very bad assault” where the woman suffered a series of injuries, though none were grievous.

The judge said that what occurred was an instance of domestic violence.

He said that since initially hearing the facts of the case at Kilrush Circuit Court he has come around to a different way of thinking in the sentencing in the case.

He said that the mitigation features in the case touch the exceptional circumstances where the court can impose a wholly suspended sentence. He added that Curtis, since the offence, has done everything that could be anticipated by someone who wanted to mend their ways.

Judge Comerford said in reaching his decision he was not for a moment not conscious of the vulnerability of the victim.

He commented that “some people think getting a suspended sentence just means getting off completely”.

He said: “The superior courts have recognised that a suspended sentence is a sentence because at any stage if he breaches that or if Mr Curtis gets drunk or got involved in any alterations, then he will be serving the prison sentence in full.”

After imposing the suspended prison term and Curtis agreed to comply with all directions of the Probation Service for the next 12 months, Judge Comerford said: “We will see where that brings him.”

Judge Comerford said that Curtis pleaded guilty, was disgusted by what he did, had shown remorse, is addressing his alcohol addiction, has got work and was in the throes of addiction at the time of the assault.

He said that no previous convictions of this type of offence.

Judge Comerford said that Curtis has €4,500 in court for his victim.

The victim in the case was not in court for either day of the sentencing hearing and did not provide a victim impact statement.

On the night in question, she escaped the apartment by foot and ran down Abbey Street to the local garda station where she presented herself at 11.55pm on 26 May 2023 with bruises all over her body after the one-hour ordeal.

In her statement to gardaí, the woman said that during the assault, Curtis held her to the floor and told her ‘You are not leaving this house bitch until you are dead’.

Counsel for the State Lorcan Connolly SC (instructed by State Solicitor Aisling Casey) said that the woman described Curtis punching her in the face and pulling her around the sitting room “like a rag doll”.

Connolly told the court that the woman presented at the garda station with numerous injuries to her head including a lump on her forehead and swelling on both sides of her jaw.

Connolly said that the woman’s chin was bleeding while she also had marks on her neck, arms and fresh bruises on both of her legs.

Garda Jonathan Ryan said that the woman told him that she had just been assaulted by her boyfriend and he said that one injury to the side of the woman’s upper face was particularly noticeable.

Garda Ryan said that gardaí then went to the apartment where they found blood spatters inside the door and various locations around the kitchen. He said that gardaí had to break down the locked door to a bedroom where they found Curtis asleep.

The garda said a neighbour in the adjoining apartment heard a woman’s voice saying ‘stop it, stop it’ and the screaming went on for an hour.

Garda Ryan said that Curtis was not fit to be interviewed that night but when interviewed the following day, he was co-operative and admitted the assault.

He said that when shown photos of the woman’s injuries, Curtis was apologetic and very remorseful.

Garda Ryan said that two bottles of vodka were drunk on the day with the two sharing the first bottle and Curtis drinking the contents of the second bottle by himself.

The garda said that Curtis has 25 previous convictions which are mainly related to road traffic.

Garda Ryan said that there has been no communication since between the two.

In the court, counsel for Curtis Patrick Whyms BL (instructed by solicitor Tara Godfrey) told the court that Curtis wishes to apologise to the woman.

Whyms said that what occurred was “a bad incident”.

Whyms said what occurred “is out of character – there is no previous offending of this sort at all but he knows he can’t get a pass on bad behaviour because of that”.

Whyms presented a number of character references on Curtis, including one from a former girlfriend and a second from his current girlfriend.

Whyms said that from his current partner, she describes their relationship as loving and caring and confirms that Curtis has stopped drinking and using drugs.

Whyms said that Curtis was in a previous relationship with a woman from 2006 to 2018 and in her letter to court she said that there was never any violence within the relationship and the reason the relationship broke down was because of his drinking.

Whyms also provided a character reference from Curtis’s unnamed employer, a garage operator. Whyms said the employer described Curtis as friendly, polite “and always willing to go the extra mile”.

Whyms said that the author is aware of the background to the situation and says that “should the worst happen, we will keep Colin’s position open for him”.

Whyms also provided a letter from Curtis’s terminally ill grandfather who said that Curtis is a compassionate person and has been a lifeline to him.

The man said that with Curtis’s bail conditions meaning that he has to remain outside Clare, he has missed him greatly.

Whyms said that Curtis moved to Ireland from the UK in 1999 and had lived in Dublin and Galway before moving to Co Clare.