COURTS: Man who ran over girlfriend's leg and assaulted her in a campaign of coercive control says mental health issues should have shortened his sentence

A man who punched, choked and ran over his former partner with his car during a campaign of coercive control has appealed the length of his four-year jail term, claiming that his mental health issues should have gotten him a shorter sentence.

In January of last year, Samy Taib (22), with addresses at Drumcairn Avenue, Tallaght, Dublin 24 and Meile An Rí Road, Balgaddy, Lucan, County Dublin, was jailed after he pleaded guilty to two counts of assault causing harm at addresses in Dublin and one count relating to a campaign of coercive control over his then partner on dates between May 9, 2018, and June 19, 2019.

Taib also pleaded guilty to endangerment, driving without a licence and insurance at Fettercairn Ring Road, Tallaght and dangerous driving causing endangerment at Main Street, Celbridge, County Kildare, in separate incidents on October 13, 2019.

At the time of his sentencing Taib had 22 previous convictions, mainly for road traffic offences.

When imposing sentence at Dublin Circuit Criminal Court, Judge Elma Sheahan said Taib’s victim had 'endured great upset and trauma from the assaults and psychological injury' caused by his offending during their relationship.

The court heard incidents of Taib punching and choking his ex-girlfriend and of using a car as a weapon against her.

Referring to the road traffic offences, Judge Sheahan said it was 'almost miraculous that no innocent road user was not seriously injured' on that day.

Taib was jailed and given a total sentence of five years’ imprisonment with the final 12 months suspended for two years.  

Judge Sheahan said that Taib's culpability was reduced owing to his diagnosis of paranoid schizophrenia in the wake of the incidents. Medical reports indicated a history of psychological issues as a younger teenager, the court heard.

At the Court of Appeal today (Tuesday, February 13), Brian Gageby BL, for Taib, submitted that not enough weight had been given to his client’s undiagnosed mental state at the time of his offending.

Mr Gageby said the sentencing judge should have given Taib a greater discount than the amount granted due to his client’s 'undiagnosed paranoid schizophrenia' and Taib being 'a child for most of the period of offending.'

Taib, without medication, suffered from 'severe thought disorder, persistent delusions and paranoia,' said counsel.

Mr Gageby said Taib had shown 'disgust at his partner’s sexual history', became jealous of her male friends, had been watching 'a lot of pornography' and had been smoking cannabis all while being a 'vulnerable' person unaware of his condition.

Mr Gageby said Taib believed that work colleagues could hear his thoughts and that animals responded to them.

Counsel said Taib did not know what the problem was regarding his mental health and that his moral culpability was, therefore, 'substantially reduced, compared to a normal case' where a diagnosis had been made and medication prescribed.

President of the Court of Appeal Mr Justice George Birmingham said Taib had received a 'very substantial reduction' and said the appellant’s offending could have resulted in a combined headline sentence of 'double figures.'

Mr Justice Birmingham said the case involved incidents of assault, suffocation and using a car as a weapon, while Taib had claimed his victim had 'laid a trap for him, which does not impress.'

Mr Justice Birmingham said the sentencing judge had taken into account Taib’s mental illness, guilty pleas and other mitigating factors when sentencing the appellant.

Diana Stuart BL, for the State, submitted that the sentencing judge dealt with the appellant’s mental state 'at considerable length in her judgment.'

Ms Stuart said when setting out the mitigating factors, the sentencing judge took into account that the relationship with the injured party was being conducted 'against a background of psychological or psychiatric illness.'

Ms Stuart submitted that the judge also took into account that by the time of sentencing the accused was taking olanzapine for his condition, was complying with his medical directions and was to serve a custodial sentence 'while suffering from this enduring and major psychiatric illness.'

"Specifically, the sentencing judge very clearly selected a provisional headline sentence without regard to the mental condition in question and then adjusted the provisionally selected headline sentence to take account of a cognitive or mental health issue," said Ms Stuart.

The trial judge correctly took into consideration Taib's cooperation with gardai, his work history, family support and background of psychological illness, said Ms Stuart.

Mr Justice Birmingham said the court would reserve its judgement in the matter.

FURTHER DETAILS

The trial court previously heard that Taib had choked his then-partner on a number of occasions over the course of their relationship.

In another incident, he hit her with his car, driving over her right leg.

In her victim impact statement, Taib's former partner said he made her a 'different person' who struggled with depression and anxiety. She said she suffered psychological and physical injuries, including permanent damage to her foot.

The victim said Taib had 'ruined' her life and hurt her family.

The court heard that around two months into their relationship, the couple were sitting in a car talking when Taib grabbed the victim by her hair.

He then held her down and punched her.

During an argument in the victim's home in September 2018, Taib followed her into the bathroom and started choking her.

She passed out and when she woke up, he told her she had hit her head on the radiator.

Taib apologised but the victim felt intimidated and was forced to accept his apology, the court heard.

In October 2018, the couple moved in together and were living in Taib's mother's house.

The victim said she felt isolated.

During this time, Taib choked the victim several times and forced her to be quiet to avoid disturbing his family.

On another occasion, Taib and the victim were in his car and due to meet friends at a pub on May 9, 2019.

Taib became jealous, the court heard.

The victim got out of the car and he followed her, telling her to get back into the vehicle.

Taib hit her with his car and drove over her right leg.

He told her to get up and used abusive language towards bystanders who came to offer help.

Taib then stood on the victim's leg.

He later told gardaí that he did this as he thought she was 'messing.'

Taib was arrested by gardai in July 2019.

When questioned, he said he could not control his emotions and admitted to hitting the victim when she walked away or when he felt disrespected.