Director of Public Prosecutions v Dillon (Sentencing Remarks)(Rev1) [2025] NIMag 5 (04 May 2025)

Director of Public Prosecutions v Dillon (Sentencing Remarks)(Rev1) [2025] NIMag 5 (04 May 2025)

The seriousness of non-fatal strangulation, aggravated by domestic abuse, warrants a custodial sentence above the starting point, with an uplift for the aggravator; lack of remorse and significant victim impact further justify the sentence imposed.

Citation
[2025] NIMag 1
Parties
Complainant: THE DIRECTOR OF PUBLIC PROSECUTIONS; Defendant: JOHN DILLON
Jurisdiction
Northern Ireland
Judgment Date
04 May 2025
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
Assault Occasioning Actual Bodily Harm, Non Fatal Strangulation, Domestic Abuse Aggravation, Sentencing Guidelines
Criminal Law Assault Occasioning Actual Bodily Harm Non Fatal Strangulation Domestic Abuse Aggravation Sentencing Guidelines

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Parties

THE DIRECTOR OF PUBLIC PROSECUTIONS

Complainant

JOHN DILLON

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for non-fatal strangulation under section 28 of the Justice (Sexual Offences and Trafficking Victims) Act (NI) 2022
  2. 2 Application of domestic abuse aggravator under section 15 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021
  3. 3 Assessment of harm and culpability in domestic violence cases

Ratio Decidendi

The seriousness of non-fatal strangulation, aggravated by domestic abuse, warrants a custodial sentence above the starting point, with an uplift for the aggravator; lack of remorse and significant victim impact further justify the sentence imposed.

Court Disposition

Convicted and sentenced

Orders

  • Twelve months custody for non-fatal strangulation, uplifted by four months for domestic abuse aggravation (total sixteen months, eight months in custody)
  • Nine months concurrent for assault occasioning actual bodily harm, including three months uplift for aggravation