Man who left pregnant fiancée with lasting brain damage jailed
SENTENCE Eleven years with 18 months suspended for 'sustained attack'
A man who kicked and stamped on his pregnant fiancée's head 17 times in a vicious and unprovoked drink-fuelled attack, has been sentenced to 11 years with the final 18 months suspended.
In sentencing Lance Dempsey (28) at Cavan Circuit Court today, Judge John Aylmer said the defendant's guilty plea came in the face of overwhelming evidence in what the judge described as a "persistent and sustained attack".
Dempsey left his former partner Sonia Lee with lasting brain damage following the attack at the bottom of a stairwell at Cavan Town's Chilli Lounge the day before St Patrick's Day in 2018.
The defendant was represented by Eamon O'Moore BL.
In passing sentence, the judge said that CCTV footage of the attack made for "difficult viewing".
It was only while Ms Lee was fighting for life in hospital, having suffered broken bones in her face and bleeding on the brain, that it was discovered she was 15 weeks pregnant.
Despite the extent of her injuries, treatment for which included 10 days in a coma in ICU, Ms Lee went on to give birth to a healthy little baby boy.
The injured party's sister Aisling Lee previously told the court Ms Lee will never live independently again, or fully care for her young baby without assistance.
Dempsey, who previously lived with mum-of-two Ms Lee at an address at 134 Aughnaskerry Drive in Cavan Town, now currently resides at Dublin's Cloverhill Prison.
Cavan Circuit Court last week heard details in mitigation for Dempsey.
Roisin Lacey SC, instructed by Alice Heron of MS Solicitors, represented the defendant who sat motionless in the custody dock.
She said that the death of his mother precipitated his spiralling abuse and addiction to both alcohol and drugs.
The barrister reminded the judge of the defendant's “very early plea” and at the “earliest possible stage".
She remarked that the relationship between Dempsey and Ms Lee had been a “meaningful one”.
There was an audible 'tut' from the court's public gallery where several members of Ms Lee's family were sitting after Ms Lacey offered the defendant's apology “to [Ms Lee], to their child, and to her extended family".
“He had little or no recollection of what happened that fateful night,” said Ms Lacey, who said the only plausible “excuse” her client had for his behaviour was intoxication.
Remorse
The barrister highlighted Dempsey's admissions in garda interview after CCTV of the attack was replayed to him. He stated he was “disgusted” by his actions, and felt like a “scumbag”. He also found the CCTV distressing to watch. “He has no idea or recollection of how the argument started, what it was over, or how it began,” said Ms Lacey, who believed his remorse to be “heartfelt”.
She reminded the court too of Dempsey's actions directly after the attack, as he fled the scene saying: “What am I after doing?”, before asking a nearby taxi rank operator to call an ambulance.
From a close-knit family of eight, Ms Lacey informed that her client had a daughter from another relationship, and was anxious to maintain that relationship.
She informed that Dempsey had lived in the UK for a period, before moving to Roscommon, and then Dublin.
He was living in Cavan a little over a year-and-a-half when he attacked Ms Lee.
The passing of his mother in 2009, said Ms Lacey, was a “catalyst”.
It saw Dempsey develop a “detrimental association” with drugs and alcohol, which then spiralled into “addiction”.
Around 2013 he was abusing heroin, as well as antidepressant tablets.
But he was now using his time in prison well, attending “any and every course available”, is drug free and was attending a counsellor.
Several letters of reference were handed into court, one from a psychiatric nurse who noted that Dempsey was “keen to tackle hands on his addiction problems”.
They recommended a 16-month residential programme.
References
A letter signed by Peter McVerry also described Dempsey as “very committed” to dealing with his addiction issues.
There were letters too from members of Dempsey's family - a sister and a brother - both of whom echoed the need for their brother to engage in rehabilitation and stating the impact the death of their mother had on him.
Other letters included those from former work mates.
There was a letter too, written by Dempsey to the judge directly, which had gone missing informed Ms Lacey. He had also written a letter of apology to Ms Lee.
Dempsey has spent some 27 months behind bars since first going into custody following the attack on March 16 two years ago.
Ms Lacey asked the judge therefore to give her client as “much credit” as possible when considering sentencing, but “more importantly light at the end of the tunnel".