Courts / Kildare / Report

"We'll die together": man who broke into home of estranged partner and threatened to kill her has jail term cut on appeal

Date
2017-10-09
Stage
Appeal
Primary locality
Kildare
County
Kildare

Summary

Martin Stokes, aged 37, pleaded guilty to aggravated burglary, false imprisonment and assault with intent to commit an indictable offence after violently breaking into the home of his estranged partner Geraldine Cummins and her son. He entered the house at 2.40am, grabbed Cummins by the neck, pressed a sharp object into her throat and threatened to kill her and her unborn child unless she returned to him. Cummins, who was five months pregnant, was dragged into the kitchen and held with a knife. The mother, aunt and two children escaped and called for help; two men wrestled Stokes to the ground. Cummins' victim impact statement described lasting trauma, especially for her young son. Stokes was sentenced to eight years' imprisonment, with the final 15 months suspended after the Court of Appeal considered his progress toward rehabilitation while in custody. The suspended period requires a good‑behaviour bond for three years post‑release.

Who, what, where, when and why

What: Report matter: "We'll die together": man who broke into home of estranged partner and threatened to kill her has jail term cut on appeal. Charges or matters: aggravated burglary, two counts of false imprisonment and two counts of assault with intent to commit an indictable offence at an address in Maddenstwon, Co Kildare on March 9, 2015. Procedural stage: appeal

When:

Case subjects

Martin Stokes

Appellant

Charges: aggravated burglary, two counts of false imprisonment and two counts of assault with intent to commit an indictable offence at an address in Maddenstwon, Co Kildare on March 9, 2015 (Admitted)

Plea: Guilty

Outcome: Given the strength of the evidence concerning Stokes' progress towards rehabilitation while in custody, Mr Justice Edwards said the Circuit Court judge ought to have, on balance, suspended a portion of his sentence. In recognition of the work he had done to date and to incentivise his continuation along that path, Mr Justice Edwards, who sat with Mr Justice George Birmingham and Mr Justice John Hedigan, re-sentenced Stokes to eight years imprisonment with the final 15 months suspended.

Places mentioned

Court Venue
  • Naas
  • Naas Circuit Criminal Court
  • Court of Appeal
Incident

Topics

Burglary Stage Appeal Violent Crime

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