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Man who assaulted ex and new boyfriend conditionally discharged

Police had received a report of a domestic disturbance at an address in Killylea

Armagh Magistrates Court

A man who assaulted his ex-partner and her new boyfriend after a verbal argument broke out has been handed a conditional discharge for a period of two years.

The deputy district judge warned the 35-year-old “violence is never acceptable”, but took into account his lack of record, his guilty plea and the background to the case.

Alan Smith, of Stiloga Road in Dungannon, appeared for sentencing on two counts of common assault and criminal damage at Armagh Magistrates’ Court, sitting at Newry, on Tuesday.

Prosecution outlined that on September 11, at 12.30am, police received a report of a domestic disturbance at an address in Killylea.

Upon arrival, the injured party claimed that her ex-partner, this defendant, had entered the property with a spare key with the intention of collecting his belongings.

Her current boyfriend was at the address at this time and a verbal argument subsequently broke out.

She claimed that Smith then proceeded to grab her by the arm and her boyfriend by the neck, causing a chain which he had been wearing, valued at around £200, to break.

Defence barrister Conor Lunny stated that his client had no record and had made admissions to these offences at the scene.

He commented that there was a “background” to this incident which he did not wish to open in court, adding that the defendant had “regretted” his actions ever since.

Deputy District Judge Chris Holmes stated: “Violence is never acceptable….once you step out of line during a row and become physical you are in the wrong.”

Despite this, the deputy district judge noted Smith’s lack of record, his guilty plea and the background to the case.

The defendant was handed a conditional discharge for a period of two years.

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