A Wicklow man has been jailed for three years at the Central Criminal Court for coercively controlling and falsely imprisoning his former partner.
Cian Smullen (30), of Timore, Newcastle, Co Wicklow pleaded guilty last November to coercive control, false imprisonment, burglary, criminal damage and threats to cause criminal damage.
In her victim impact statement, the woman branded him a “cruel, inhumane person” whose actions ruined the lives of both herself and her child.
She said she was full of anxiety and shame from “a time I was completely broken” … “I was constantly afraid he was going to come back.”
The woman said she couldn’t leave the house because of the bruises on her face, having been pinned down, beaten and choked by him.
She said she has “never recovered” and “never expected it to affect me the way it has”.
“I was too scared to tell anyone what was going on in case I’d lose my daughter,” she added.
Mr Justice Paul Burns described it as a “cruel” course of serious offending over a number of months. He said it was an aggravating factor that they were in a relationship.
He said the pleas came late but the prosecution accepted they were of some assistance. He noted Smullen’s history of substance abuse and that he had a damaged septum.
The judge noted a probation report said Smullen has limited remorse, engaged in victim blaming and was at a high risk of reoffending. He said Smullen would require a course of intervention post-release.
He noted Smullen was now in a relationship and “claims he has turned his life around”. A psychology report said he had ADHD and difficulty controlling his anger. The judge also noted that the report said he claims to be drug-free and his risk of reoffending is low.
He noted Smullen had 24 previous convictions including one for assault which were dealt with by fines and suspended sentences.
Mr Justice Burns noted the discrepancy between the psychology and probation reports but said he would favour the report of the Probation Services.
The judge handed down a sentence of four years and suspended the final year, backdating it to November last for time spent in custody.
The court heard Smullen began a romantic relationship with the victim in 2019 and they moved in together two months later.
Det Garda Liz Collins told a sentence hearing last December that Smullen became threatening and abusive and was ordering the woman to stay at home.
When she told Smullen she didn’t want to be with him any more he lost his temper and punched her in the face, leaving her with a black eye.
On another occasion, Smullen was trying to break into the house with an axe and a screwdriver but didn’t manage to get in.
Smullen hit the woman on the face and this behaviour went on for a number of months. On a number of different occasions, the woman asked him to leave but he refused so she left and went to live with her father. Smullen threatened to burn down her father’s house.
As a way of coercing her, he also threatened to plant drugs in the house so Tusla would take her child away. Those type of threats were designed to allow him to stay in the house, the court heard.
In November 2020, she told Smullen he had to move out and gave him a deadline or she would get a court order. She said he was out drinking or taking drugs and she wouldn’t allow him to stay in house.
Gda Collins agreed with Eoghan Cole SC, defending, that Smullen had a very long history of cocaine abuse and has a damaged septum “which would be evident when you hear him talking.”
The garda disagreed that his plea was of assistance when the judge interjected, asking the garda what she meant. “Not really, we would have been prepared to proceed with a trial,” said Det Garda Collins.
In mitigation, Mr Cole said Smullen spiralled downwards into cocaine and alcohol use. He noted his client has a previous conviction for assault. Mr Cole said a letter Smullen had provided showed a certain amount of minimising but a plea had been entered. He said there was “no excuse for his actions” and “says he’s deeply ashamed”.
Mr Cole said Smullen is now drug-free and fully accepts the physical assaults. He said he was “in the throes of a serious addiction”. The probation officer said Smullen can’t remember some events, Mr Cole told the court.
The probation report placed him at high risk of reoffending but the Probation Services want to engage with him. Mr Cole said his client “wants to take every opportunity to rehabilitate” and that “prison is not the place for him”.
He said his client is now free of drugs and works with his father in the family business. He accepts fully that there is a prison sentence to be imposed.
Mr Cole said Smullen was never before the court on anything on indictment before. He said his client had never been in custody before and prison was not the place for him.
“You’d have to hope he’d have the best years of his life ahead of him,” said Mr Cole. He said his client’s mother and father present in court and were supporting him but “it’s not an inappropriate support and they are deeply ashamed”.
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