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A man who attacked his pregnant wife for burning a pizza, one day after landing a job, lost an appeal against the severity of her three-year sentence.
Afghan national Muhammed Tajik (28), a homeless man, pleaded guilty to badaulting Susan Wombsley in an apartment on Lower Rathmines Road in Dublin on December 8, 2015.
The Court of Appeal was informed that on the day of the attack, Tajik would have "shuddered" with anger over a number of facts, not least because his wife had just got a job, but also because she had burned a pizza.
Garda John Freeney told prosecutors that Tajik had "grabbed Ms. Wombsley's neck from behind and hit her on the head and face until she lost consciousness." She lost consciousness and had a broken jaw on both sides.
Judge Patrick McCarthy, who sentenced him to three years in prison, said that Mrs. Wombsley had "fallen into the hands of a very violent man."
The Court of Appeal upheld his sentence today, as the three-judge court was unable to identify a mistake of principle.
In his judgment, Judge John Edwards stated that the couple met online and married in Turkey in August 2015. They then moved to Dublin and faced financial difficulties, sometimes sleeping in the city. Mrs. Wombsley's car in places around Dublin.
Before the night in question, she had obtained a job, which was at the origin of "some disputes," said the judge.
As a result of the attack, Tajik sent a number of messages to Mrs. Wombsley, apologizing for this aggression and expressing her remorse.
He was arrested at Terminal 2 of Dublin Airport and was denied any liability in the attack until the messages were presented to him.
Tajik counsel Patrick Gageby said that the Tajik had left Afghanistan as a refugee, had lived in Iran for a while, and then in Turkey. He had "never had any problems before or since" the badault, said the lawyer.
Mr. Gageby added that the trial judge did not attach too much importance to the fact that the Tajik had established a new relationship and that his new girlfriend was expecting a baby. He stated that no accused should "shelter behind" a new relationship, but that meant "rehabilitation and stability" of his client, in his statement.
Judge Edwards stated that the Tajik did not have a family with him in Ireland and that he became a member of the Latter-day Saints' Church.
Church members testified on his behalf, including a volunteer who said that Tajik had gone through "many difficult times" in his life, but that he had undergone a "considerable change in behavior".
Judge Edwards, who sat with the President of the Court of Appeal, MM. George Birmingham and Isobel Kennedy, stated that no error could be found and that the appeal was therefore dismissed.
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