Woman gets suspended sentence for broken bottle assault

A mother of two who cut the shoulder blade of a pregnant woman with a broken bottle over some “imagined grievance” has been given a two year suspended sentence.

A mother of two who cut the shoulder blade of a pregnant woman with a broken bottle over some “imagined grievance” has been given a two year suspended sentence.

Niamh Duggan (aged 31) of Russell Lawns, Russell Square, Tallaght, pleaded guilty at Dublin Circuit Criminal to assault causing harm to Ms Melissa Payne at the Abberly Court Hotel, also in Tallaght on June 11, 2010.

Ms Payne was 15 weeks pregnant at the time of the of the assault. She suffered a miscarriage a couple of weeks later.

She reported to gardaí that Duggan had struck her twice with the bottle, smashing it on the second blow and then gesturing towards her stomach with the shattered remains of it.

Ms Payne later received 19 stitches to her shoulder for an eight centimetre cut. She said in a victim impact statement that she still gets “panicky” in social situations.

Garda Brian O’Connor told Ms Martina Baxter BL, prosecuting, that Ms Payne was out socialising with her boyfriend, off-duty garda Adrian King, when he told her there was someone calling her name.

She then saw Duggan in the bar and a short while later saw her sticking her finger up at her. She described the woman as being “very intimidating”.

Ms Payne said she later saw Duggan approaching her with a bottle in her hand. She saw her holding the bottle by its neck before she struck her on the shoulder with it. The bottle did not break but Duggan swung it again.

Ms Payne later told gardaí that at this point the bottle smashed and Duggan tried to stab her with the remains of it, cutting her shoulder before she gestured with it towards her stomach.

Gda King managed to apprehend Duggan and she was still on the premises when gardaí arrived.

Gda O’Connor said Duggan later told gardaí in interview that she had been “provoked by someone she had known a long time ago.” She later explained that she had a falling out with friends of Ms Payne a number of years ago.

She claimed that Payne had been laughing at her on the night and she just “lost the head” when she went passed her and struck her. She said if she had not been drinking she would have just walked away.

Ms Baxter told the court that Ms Payne said she was sitting with her back to Duggan.

Judge Martin Nolan said Duggan had too much to drink on the night and had “imagined a grievance which had increased in size with more alcohol.”

He said he was satisfied that Duggan did not know Ms Payne had been pregnant at the time.

Judge Nolan noted from reports before the court that Duggan had “major difficulties in her life and had a lot on her mind at the time but what she did was inexcusable.”

He sentenced her two years in prison which he suspended in full on condition that she hand over a further €4,550 to Ms Payne in the next 15 months, having noted that she had €1,450 in court as a token of her remorse.

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