Omagh man’s domestic violence case sets new sentencing guidelines

THE Court of Appeal has used the case of an Omagh man to establish new sentencing guidelines for Non-Fatal Strangulation (NFS), reinforcing the severity of the offence and its impact on victims.

Darryl Haughey, 32, formerly of Gortmore Park, had appealed against his 32-month sentence for a series of violent domestic assaults, including NFS, assault occasioning actual bodily harm, making threats to kill, and criminal damage. His appeal challenged the length of his sentence, the application of the statutory domestic abuse aggravator and the extent of the reduction given for his guilty plea. However, the Court of Appeal upheld the sentence, clarifying key principles for future cases.

The ruling sets a 36-month starting point for NFS offences where harm is considered ‘medium’, with potential for harsher penalties in more severe cases.

Haughey’s offences occurred on August 23, 2023, when he returned to his partner’s home intoxicated and became verbally abusive towards her and her sister.

After forcing the sister to leave, he launched a brutal attack on the victim, grabbing her by the throat, headbutting her and pinning her to a sofa while strangling her.

During the ordeal, Haughey dragged the victim by the hair, pinned her against the stairs and threatened to kill her.

He continued the assault with more strangulation, headbutting, and punches that split her lip.

After destroying property in the home and throwing the victim’s phone into a bush, he eventually went to bed, leaving her terrified and unable to call for help.

The violence resumed the next morning when Haughey, having consumed more alcohol, again pinned the victim by the throat and went on a rampage, smashing household items.

The attack only ended when the victim’s sister returned, and the two women forced him to leave.

Police arrested Haughey the following day.

Despite initially denying all allegations, Haughey pleaded guilty on May 10, 2024, to four charges.

At his appeal, his defence argued that his sentence was excessive, highlighting that the victim did not lose consciousness or suffer other extreme symptoms such as bladder or bowel incontinence, which can sometimes occur in strangulation cases.

However, the appeal court dismissed these arguments.

Justice Seamus Treacy ruled that the initial 36-month starting point was appropriate, with a 12-month deduction for the guilty plea being offset by the domestic abuse aggravator, which added those 12 months back.

He also noted that an unwarranted four-month reduction had been made due to a lack of prior guidance, but as Haughey was already serving his sentence, it would be unfair to reinstate those months.

The ruling clarifies sentencing for NFS cases, ensuring that such crimes are treated with the gravity they deserve.

The starting point for ‘medium’ harm cases is now 36 months, while higher harm cases will exceed this threshold, depending on the level of suffering inflicted.

The court emphasised that judges must assess each case individually while acknowledging the long-term physical and psychological consequences of NFS.