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Man who grabbed ex-partner by neck and spat at her has jail sentence suspended upon appeal

He smashed a chair and then her mobile phone after she threatened to phone police

A man has had his sentence for assaulting his ex-partner suspended upon appeal.

The 33-year-old had originally been handed a four-month prison sentence at Craigavon Magistrates’ Court.

Michael McCabe, of Slieveban Avenue, Belfast appealed his sentence of criminal damage and common assault at County Court on Thursday.

Court heard that on October 26, 2017, at around 6.30pm, police were contacted by the injured party who stated there had been an altercation between she and the defendant, her ex-partner, and father of her child.

She said that McCabe had smashed a kitchen chair on the ground at her home and did the same with her mobile when she threatened to contact police.

The defendant then grabbed the injured party by the neck and pushed her against a wall before spitting at her.

The injured party managed to punch McCabe and push him out through the door of the property before contacting police.

When interviewed, the defendant claimed that the injured party had attacked him punching him several times.

Prosecution told the court that McCabe had been convicted in his absence to four months in prison.

Defence counsel stated that on that occasion the defendant had not had the benefit of a pre-sentence report and came before the court with a very limited record.

He added that McCabe and the injured party had been in a relationship for seven years.

His Honour Judge Patrick Lynch stated: “Having read the probation report, I am mindful to change this sentence but I must say that the lower court’s decision was justified in this case of domestic violence.”

He ordered that the four-month sentence, which had been imposed, be suspended for a period of three years.

A restraining order was also granted to the injured party which banned McCabe for harassing her.

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