Saying the offence was aggravated due to the domestic element, Mrs McKay said the victim was vulnerable due to her age and health issues
The Crown Court at Laganside in Belfast(Image: Liam McBurney/PA Wire)
A 46-year old man who assaulted his mother in her own home after she refused to give him cigarettes was jailed for eight months today.
Gary Martin Cairns, whose address was given as HM Maghaberry, attending his sentence hearing at Belfast Crown Court via a videolink with the prison.
Crown barrister Kate McKay said the charge of common assault related to an incident on May 4 last year.
She said that at around 11am on that date, police received a report from Cairns’ brother regarding an incident at their mother’s home.
It emerged that Cairns has repeatedly been asking his mother for cigarettes and she had refused his requests.
Knowing that his mother kept her cigarettes in her handbag, Cairns made a grab for her bag which she held onto.
As Cairns pulled at the handbag, this caused his mother to fall to the ground which resulted in her sustaining a sore arm and hand.
Cairns continued to pull at the bag, which caused damage, and after taking cigarettes from the handbag he then walked out of the back of the house
As a result of what occurred, Cairns brother contacted the PSNI as he was concerned for their mother’s safety.
Saying the offence was aggravated due to the domestic element, Mrs McKay said the victim was vulnerable due to her age and health issues.
Defence barrister Joel Lindsay revealed Cairns has already served time in custody for the incident and that during this period, there has been no contact with his mother whom he loves.
Judge Philip Gilpin addressed Cairns on the videolink and said that whilst the victim did not provide a statement “one can readily assume that your mother will have suffered a degree of trauma and upset as having been assaulted by her own son in her own home.”
Noting Cairns has had “issues with alcohol” since his 20s and was living with his mother until the incident last May, the Judge spoke of Cairns “doing well” whilst in custody.
As well as handing Cairns the eight-month sentence, Judge Gilpin also imposed a three-year restraining order which bans him from contacting his mother either directly or indirectly.
The Judge added: “If your mother seeks that that order be varied, that’s something she can do and the matter can be Man jailed for assaulting his mother after she refused to give him cigaretteslooked at again – but for now that’s the order of the court.”
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