A man who broke a protection order by sending his ex-partner “abhorrent” voice notes, which a judge described as “the worst he’d ever heard”, has had his custodial sentence overturned and is to pay €5,000 to the victim.
The appeal from the District Court heard audio of the messages where the man said: “Mark my words you little fat, horrible, c**t, I’ll have the last laugh.”
The 33-year-old man, who cannot be named for legal reasons, was appealing against the severity of a six-month custodial sentence he received after sending threatening voice messages and a video of himself driving outside his ex-girlfriend’s house.
The man had pleaded guilty to contravening a protection order made on November 14, 2023 by watching the place where the woman resides and communicated with her by electronic means, contrary to section 33 of the Domestic Violence Act 2018.
The Snapchat messages were sent over the space of about three hours on the 2nd and 3rd of December, 2023 in which the man called his ex a “scummy knacker” and said “she’s getting banged, we all know”.
After listening to the audio yesterday, Judge James O’Donoghue said: “This is the worst I have ever heard, it’s very distressing.”
He noted that the injured party “seems distressed after all these years” and that he was “actually in a state of shock” after listening to the audio.
Speaking in court yesterday, the man’s ex partner said that she lived in “fear of the threats”, adding: “I’m constantly watching my back.”
She told the judge that since receiving the messages, she has been going to counselling at her own expense, which costs €60 euro per week. The man had previously paid compensation of €1,000.
Asma Saleh BL, defence counsel for the man, said that his client had “fallen on really hard times” and his behaviour at the time was due to substance abuse.
The man had originally been sentenced to an eight-month custodial sentence with the last two months suspended in the District Court.
Speaking today, Judge O’Donoghue said: “I read through the file and listened to the abhorrent recording of the messages left for his former girlfriend”.
He said that the audio was “shocking beyond belief” with “horrendous offending remarks”.
The judge said that although the appellant was “very, very close to a custodial sentence”, he said that sending the man to jail “would be of no real benefit to the injured party”.
The judge allowed the appellant to apologise to the injured party and her mother in front of the court, telling him “you are inches away from custody”.
The judge ordered that €5,000 be paid to the injured party, with €1,000 to be paid within a week and the remainder to be paid within nine months.
He also ordered the man to complete 240 hours of community service in lieu of the custodial sentence, to be completed within 12 months.