Man who attacked woman in "one-off loss of control" spared prison

Saturday 06 January 2024

A 60-year-old man who pushed and slapped an 18-year-old woman in a "one-off loss of control" – leaving her with visible bruises – has been sentenced to 110 hours of community service.

The woman sustained large black bruises to her ribs after Thomas Francis McGinn attacked her on the evening of 6 November 2023, the Magistrate's Court was told.

Advocate Katie Ridley, prosecuting, said McGinn had grabbed the woman’s hoodie, pushed her onto the ground and slapped her in the face.

She said: “She tried to stand up and he grabbed her hoodie again, and threw her against a table.”

The court was shown photos of the bruises sustained when she hit the table. The injuries were not permanent

Advocate Ridley added: “She was very scared. He smelt of alcohol and she thought he was drunk.”

When interviewed by police, McGinn said he had only had two cans of beer and had only grabbed the woman by her shoulders.

However, he later admitted the charge of common assault.

Advocate Mike Preston, defending, described the incident as “a very sad case”.

He said: “On the night in question, Mr McGinn snapped. He behaved in a way which he can’t quite believe.”

Probation officers had assessed McGinn as being at low risk of reconviction, but Advocate Preston said: “I would suggest he is at no risk of reconviction.

“He is deeply ashamed and extremely sorry. He knows what he did must have been very frightening. He is not going to do this again.”

Assistant Magistrate Adam Clarke said the attack had involved “considerable force” and could have resulted in a five-month jail sentence but told McGinn: "You are clearly remorseful for your actions.

"I am giving you the opportunity to prove that this was a one-off loss of control.”

He sentenced McGinn to 110 hours of community service.

The Assistant Magistrate also imposed a restraining order barring McGinn from having any direct or indirect contact with the woman for a year.