A single mother who had been sentenced to five months in jail for assaulting a woman just because she was not satisfied with curtain alterations succeeded in having the sentence suspended at the Galway Circuit Appeals Court last Tuesday.
Although Judge Raymond Groarke frowned on what he described as vicious assault and bullying he gave Teresa Rigney one further chance but warned her to bring a toothbrush with her if she is brought before the courts again.
The 23-year-old with an address at 105 Castlepark, Galway, lodged an appeal against the severity of the sentence which was imposed in the Galway District Court on February 4, 2009, after she failed to contest the charge of assaulting Linda Smith on March 4, 2008.
Garda Fergal O’Grady told the court that Ms Smith called into the public office of the Galway Garda Station complaining that she had been assaulted while hanging curtains in the appellant’s house. Garda O’Grady said that he had taken a statement from Rigney on March 12, 2008, but that a witness, a friend of the appellant, had refused to make one. He explained that Ms Smith had made alterations to curtains and that a dispute arose. She was never paid for the work carried out.
The court then heard how Rigney, a single mother of two young children, has 15 previous convictions which include public order offences, assault, theft, and casual trading.
Rigney’s defence counsel explained that there had been a disagreement with the work, that there had been shouting on both parts, but that Rigney had only touched Ms Smith on the shoulder and not punched her. Compensation amounting to €1,000 was then offered to the injured party and accepted.
Garda O’Grady agreed that it had been a “technical assault”. He said that Ms Smith described how she had fallen back on top of a metal table and a buggy after Rigney had dragged her off a chair. She also claimed that Rigney had hit her while she was on the ground.
“You attacked this lady, assaulted and bullied her rather viciously and that type of behaviour gets you put in jail. Ms Smith was a victim here but the real victims are the children. Don’t think that just because you have children that I won’t send you to jail. You did not give a hoot about them when you assaulted this woman. If you come back again for assault make sure you bring a tooth brush,” said Judge Groarke before suspending the sentence and placing Rigney on a bond of €100 for two years.
