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Man punched his partner’s ex-boyfriend in face as he slept, court hears

Craigavon Court

A Lurgan man accused of attacking his partner’s ex-boyfriend has been handed a suspended prison sentence.

Mark Gallery, of Donnelly Gardens, was also ordered to pay £400 in way of compensation.

The 37-year-old appeared before Craigavon Magistrates’ Court on Wednesday charged with one count of assault causing actual bodily harm.

The incident occurred on September 1, last year, when police were called by the injured party who alleged that he had been asleep on his sofa and was awoken by the defendant punching him in the face.

He also claimed when he tried to defend himself he had fallen to the ground where Gallery proceeded to kick him.

Court heard the victim suffered injuries to his face but did not require hospital treatment.

When interviewed the defendant admitted that he had gone to the injured party’s address after receiving several late-night calls from him.

Gallery, who admitted to being intoxicated, stated he had knocked the door before confronting the victim, which resulted in an altercation.

Defence solicitor Pat Vernon stated that Gallery’s partner told him about an alleged incident during their relationship.

He added that the defendant claimed the injured party had gone at him first before a “scuffle ensued”.

District Judge Bernie Kelly said this was a “very serious offence” to “go to someone’s house to assault them, the one place where they should feel safe”.

She also warned Gallery that he “should not believe everything that he is told”.

The Judge stated she was “mindful” of the compensation of £400 which had already been paid and that while the defendant had a record for similar offences the last entry dated back some 10 years.

Gallery was sentenced to four months in prison suspended for two years.

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