An Armagh man who stomped on the head of another following a post-funeral evening of drinking has been spared prison.
Thomas Domigan, of Dartan Hall Place, appeared at Newry Crown Court on Friday, on a single count of attempted grievous bodily harm with intent.
The 31-year-old, who wrote a personal letter to the victim, setting out his “deep regret and apologies for what he did that night”, was handed a three year prison sentence, however, His Honour Judge Paul Ramsey KC opted to suspend it for two years.
The court heard that just before midnight on October 20, 2022, police were called to the Charlemont Arms Hotel in Armagh following reports of ongoing disturbance.
Police found two males lying on the ground outside. One of them was the complainant who appeared to have been assaulted, while another man appeared to have fallen over because he was so drunk.
Both men were were on the ground in obvious pain, intoxicated, and unable to move.
The victim has little recollection of the events other than he attended the Charlemont Hotel with family and friends following a funeral and he has no recollection of leaving the hotel.
He woke up in Daisy Hill Hospital the following day.
The hotel staff were able to tell police that Domigan, the victim, and another man were together with a lady in the bar. They were all heavily intoxicated and unsteady on their feet.
The judge told the court that Domigan was boisterous “trying to stop the bar staff bringing down the shutters on the bar”.
The whole group were asked to leave the bar and were escorted out by the night porter.
At some point outside, the complainant fell over and there was an argument going on between Domigan and the female of the group.
“The significant part,” the judge said, “is the complainant was on the ground and the defendant used the sole of his right foot to stomp on his head and kick him to the side of the head”.
Police located Domigan a short time afterwards, with blood on his T-shirt and a cut to his hand.
He confirmed he had been involved in the altercation and that he kicked the man in the head.
The victim was taken to Daisy Hill Hospital in a state of reduced consciousness. He remained in hospital for a period of three days, but “thankfully and mercifully, he did not suffer any acute fractures or injuries”, however, “since the incident, he has suffered from mental issues”.
Judge Ramsey continued: “The defendant detailed his role candidly to the Probation Service and doesn’t seek to minimise or trivialise his involvement.
“The Probation Board also acknowledge his remorse is underlined by the fact that he, without instruction, wrote a personal letter to the complainant, setting out his deep regret and apologies for what he did that night.”
Defence Barrister Conor Coulter added: “Again, without any prompting on behalf of a solicitor or counsel, he has gathered £1,000, which he wishes to offer in compensation to the victim, in this case, regardless of any sentencing outcome.”
A victim impact statement was read to the court by the judge where the victim spoke of the effect this incident has had on him and how “it has caused his anxiety to worsen”.
“The assault has caused him not to go out anymore and socialise with his friends; he used to be quite outgoing.”
In offering his reasons for suspending the sentence, Judge Ramsey concluded: “As far as this case is concerned, you were clearly very intoxicated that night, and you behaved in a way alien to your good character….
“Not only has he written, without prompting, to the injured party, expressing his apologies, regrets and remorse, he has backed that up by, again without prompting, bringing a significant amount of money to the court to, in some way, make up for what he did to the complainant.”
As well as the three year custodial sentence, suspended for two years, Judge Ramsey imposed a two year restraining order and ordered Domigan to pay £1,000 compensation.
