Wicklow man jailed for eight years after threatening to kill partner who broke her back trying to escape

By Darragh McCann, The Wicklow People

A Wicklow man who threatened to kill his partner during a violent assault, forcing her to jump from an upstairs window and break her back, has been jailed for eight years.

Christopher Delaney (53), of Hillview, Carnew, County Wicklow, appeared at Wicklow Circuit Criminal Court for sentencing after he pleaded guilty to one count of assault causing harm, false imprisonment and non-fatal strangulation.

At the beginning of proceedings, counsel for Mr Delaney stated that the accused wished to change legal teams, after switching for the second time, and to resile from his plea.

Judge Sinéad Ní Chúlacháin ruled that the sentencing must proceed as Mr Delaney had already done this on several occasions, describing his actions as “secondary victimisation”.

Garda Ceara Dillane of Baltinglass Garda Station gave evidence that in the early hours of September 22, 2024, gardaí received an emergency call at 1.48am, where the responder could overhear a domestic dispute between the accused and the victim, Ms Byrne.

Ms Byrne continued to repeat her location to responders, as Mr Delaney could be overheard telling her to “get upstairs”.

Gardaí arrived at the scene at 2.45am, with Ms Byrne putting her head out of an upstairs window, while Mr Delaney also told gardaí that everything was okay.

The court heard that Ms Byrne climbed out the window, dressed in pyjamas, telling gardaí: “I can’t get out, he won’t let me out,” before jumping from the window. She reportedly landed on her feet, but then fell to the ground in extreme pain.

However, Gda Dillane said Ms Byrne dragged herself behind a car parked in the driveway, before making gardaí aware that three children were still inside the house, which led to an armed response being called, including units from the surrounding area.

Gardaí told Mr Delaney to hand over the children, to which he replied: “Any one of you come in I’ll fucking kill you. I would die for my kids,” before brandishing a hatchet out the window. A large Rottweiler-type dog was also present.

Counsel for the prosecution James Kelly, informed the court that Mr Delaney opened the door to gardaí at 4.20am.

It was further alleged that the assault began with Mr Delaney dragging the injured party by her hair, punching and kicking her, and telling her: “I will kill you.” He allegedly placed a large knife to her neck and said: “I’ll chop your head off.”

The court was told that Mr Delaney had allegedly assaulted Ms Byrne on previous occasions, which are currently under investigation.

During interview the following day, as Mr Delaney was intoxicated on the night of the incident, nothing of a probative nature was established.

Mr Kelly noted that the defendant has 40 previous convictions, including a 2011 conviction for what was described as a “vicious and savage” assault on the same injured party, during which he beat her around the house for hours, dragged her from a neighbour’s home where she had sought refuge, and falsely imprisoned her, while making threats to kill her.

He added that during that attack, Mr Delaney beat her with the leg of a chair. The defendant also has previous convictions for drink driving and burglary.

In a victim impact statement read to the court by Mr Kelly, Ms Byrne said she met the accused when she was 18 and he was 33, describing a relationship marked by control and fear.

She said she avoided making plans as she did not want to provoke him and told the court: “He savagely beat me. He was relentless, he didn’t stop.”

Ms Byrne said she had to jump from a window to escape during one incident.

She told the court that her daughter witnessed the aftermath of the abuse, including seeing her bruises, and has since required counselling, as has she.

Ms Byrne said she continues to suffer from spinal injuries and is still wearing an orthopaedic boot. She added that she now worries about her ability to feel safe and said the accused has never shown any remorse.

In an additional statement, she said she attended every court date and that repeated adjournments have caused her significant stress.

During cross-examination, senior counsel for Mr Delaney, Colman FitzGerald said Mr Delaney has two children from a previous relationship, who were living at the home, and that he was a single parent for much of their lives.

Gda Dillane said Mr Delaney had not once asked about his children and remarked that the most disturbing aspect was that the children were not fazed when gardaí entered the room to check on them.

In mitigation, Mr FitzGerald said Mr Delaney is from the North Circular Road in Dublin and trained as a commis chef, but lost his best friend in a road accident in 1996.

He said the relationship was “dysfunctional”, adding that this was not to discredit Ms Byrne.

The court heard that Mr Delaney has children from another relationship who were very young when he went into custody, due in part to difficulties involving a former partner.

A letter of remorse was handed into the court, in which the accused apologised to Ms Byrne and also expressed regret to the young children involved.

Mr FitzGerald said Mr Delaney has instructed him that he wishes to engage with anger management and psychological supports.

In her judgment, Judge Sinéad Ní Chúlacháin said the offences were extremely serious and outlined a number of aggravating factors, including the use of a knife and threats to “slice” the injured party’s throat.

She noted that three young children were present and that the victim had suffered a broken back, telling the court she had asked, “what about the children”.

The judge said the victim should have felt safe in her own home and that she has been left with lasting emotional scars, requiring counselling, and may never feel safe again.

Judge Ní Chúlacháin said the appropriate headline sentence for the assault was 10 years, with a further 10 years for the strangulation offence.

She imposed a sentence of eight years for false imprisonment, noting it was not prolonged in nature when compared to more extreme “terrorism” type cases.

The court heard that the accused’s attempt to resile from his guilty plea had caused further trauma to the victim, which the judge said was an aggravating factor.

She noted there had been no genuine apology or remorse.

Taking all matters into account, Judge Ní Chúlacháin imposed a sentence of eight years imprisonment, suspending the final year for a period of two years.

She ordered that the sentences run concurrently and be backdated to September 2024.

The accused was also directed to enter into a bond to keep the peace and be of good behaviour, engage with the Probation Service, and have no contact with the injured party for a period of 10 years following his release.