Donegal man jailed after domestic assault deemed ‘upper end’ by judge

A Donegal man has been handed a jail sentence for assaulting his wife and breaching a Court order.

The man, who is in his 40s, cannot be named for legal reasons to protect the anonymity of the victim.

In passing judgement, and sentencing the man to eight months in prison, Judge Emile Daly said the matter was at the “upper end” and remarked that she was “reluctant” to accept jurisdiction.

 The case was heard before Judge Daly at a District Court in County Donegal.

The man was charged with assault causing harm, criminal damage and breaching a safety order.

After reviewing a medical report, Judge Daly accepted jurisdiction in the case.

A Garda Inspector told the court that an argument developed in the couple’s family home on a date in 2024. The husband and wife were not getting on at the time and an argument ensued over the use of an air fryer. During the argument, the man threw a pint glass across the kitchen causing it to smash.

The woman became upset and left the house before going to a Garda Station. 

When speaking with Gardai, the woman disclosed that there was a history of domestic issues and she informed officers about another incident that occurred at their home.

The woman said she heard an argument between her husband and another family member. When she went to see what was happening, she had her hand on the jam of the door and alleged that the man slammed the door twice on her hand. 

The injury required two surgeries to repair, the court heard. 

Following the criminal damage incident in 2004, the woman went to a District Court and was granted a safety order, which was put in place for a two-year period.

The couple were living in the same house, but in separate rooms after the granting of the order.

On a date in 2025, Gardai were called to the house and the woman said that she was asleep in bed when the man came in and threw a cushion or a pillow at her, hitting her on the face. He returned to the room another four times and did the same act on each occasion.

The woman was said to have feared for her safety and contacted Gardai.

The man, who has no previous convictions, was arrested and conveyed to a Garda station before being charged. 

A solicitor for the accused man said his client is a “hard-working man and a provider”. 

He said his client accepted that he smashed the pint glass, but did not accept that he slammed a door twice. However, he said his client accepted responsibility for causing the injury.

The solicitor said his client was held in custody for 20 hours on one occasion when he was arrested. He said the man “has actually, if you like, done time” and said this could be like using a sledgehammer to creak a nut.

Judge Daly interjected and said that if a safety order was in place then it was there for a reason: “and that is because someone is in fear. It is very easy for that fear to be triggered by what may be ordinarily a benign action.”

The solicitor said that the incident with the door was a “pure accident”, but accepted that his client pleaded guilty.

“There was no mens rea in the incident,” the solicitor added. “The damage was caused, but he didn’t mean to do it.”

After considering the matter for a period of time, Judge Daly said there was a plea so she accepted that there was criminal intent.

The assault causing harm charge was the most serious matter, Judge Daly said.

“It was in my view a deliberate act and if it was not a deliberate act then it was reckless,” Judge Daly said. “The impact on her was considerable and a medical report indicated that it took two surgeries to fix the damage caused.”

She added that the fact that the couple were in a married relationship was an aggravating factor that she would have to take into account. The fact that there were children present was also an aggravating factor.

“This falls into the upper end of the jurisdiction and there was some reluctance to accept jurisdiction,” Judge Daly said. “I consider this to be on the serious end.”

For assaulting the woman and causing her harm, the man was sentenced to 12 months in prison with the final four months suspended for a year on the basis that the man engage with the Probation Service and undergo a course for domestic violence offenders. He was also ordered not to come to the attention of Gardai and to abide by any court orders.

The criminal damage charge was marked as taken into consideration while the man was sentenced to four months imprisonment for breaching the safety order. That sentence is to run concurrently with the other prison term.

Recognisance, in the event of an appeal, was fixed at €400, with €200 to be lodged in court. 

Having entered lawful custody upon the imposition of the sentence, the man was escorted by Gardai in order to get the money for an appeal. An appeal was immediately lodged by his legal representative. The prison sentence is now pending the outcome of the appeal.