Men jailed for ‘brutal attack’ on pair in bed

Men jailed for ‘brutal attack’ on pair in bed

1 January 2020

TWO local men were jailed at Downpatrick Crown Court for an “appalling and brutal attack” on a woman and a man as they lay in bed.

The woman’s former partner, Aaron James Whyte (28), of Mossvale Avenue, Ballygowan, was jailed for three years on four charges, which included two counts of assault causing actual bodily harm, criminal damage and burglary.

Whyte also took a mobile phone and £20 in cash from the property at Queen’s Park, Saintfield, where the attack took place in September 2018.

Simon Johnston (35), of Newline, Saintfield, was jailed for two years on two charges of assault causing actual bodily harm and a further charge of burglary with intent to cause unlawful damage.

Whyte and Johnston pleaded guilty to the charges on the morning of their trial last October.

Both men will serve half of their sentences in custody and the remaining half on licence out in the community.

The court heard that Whyte was passing the woman’s home had been with Johnston late at night when he entered the property thinking it was unoccupied “ostensibly to collect some of his remaining possessions”.

Prosecuting counsel, Mrs Laura Ivers, said that Whyte had very recently broken up with the woman.

After kicking doors in, she said that he found his former partner with another man and “in a fit of jealousy” lashed out at the man and began to attack him. 

The woman was hurt as she tried to protect the man as Whyte used a wooden pole in the attack. Johnston also took part in the assault.

The woman suffered cuts and bruises, as did the other victim, and her home was left “damaged and in disarray”.

Whyte’s father told the court that his son had a problem with drugs since his teens. Mr Whyte said that recently he and the rest of his family believed his son had changed and “was going in the right direction”.

Whyte’s barrister, Mr Paul McAlinden, pointed out that the attack happened when his client had taken drugs 

but Judge Geoffrey Millar said: “That he took drugs is a fact, not an excuse. It’s 

an aggravating factor, not a mitigating factor.”

Mr McAlinden said of Whyte: “The red mist came down on him and he stupidly took the actions he did.”

He added that while Whyte had 14 previous convictions, there had been no reoffending since the incident.

Johnston’s defence barrister, Mr Sean Doherty, told the court that his client has been binge drinking on the day of the attack.

He said that while Johnston had been in a relationship with the woman 10 years before the assault, he bore her “no animus”.

Mr Doherty said that the woman had been in contact with Johnston that day via texts and Facebook asking him to intervene for her and “calm things down” with Whyte.

Mr Doherty said Johnston had “expressed genuine remorse and regret” for his part in the assault and while he had 48 previous convictions, most of those were for driving offences.

Mr Doherty repeated Johnston’s claim to probation services that he “had tried to be a good Samaritan” on the night and there was nothing premeditated on his part.

However, the judge rejected the submission and said Johnston had entered the property along with Whyte “violated it and took part in the attack”.

Judge Millar also rejected defence submissions that the two victims had not been seriously hurt.

He said: “This was an appalling and brutal attack which had left great psychological impact on both victims.”

Referring to Whyte, he said: “This was a domestic violence incident where you had shown a warped sense of entitlement to enter the property. There can be no doubt that you were not able to conduct this relationship in a mature and respectful way.”