Judge Eoin Garavan said that a campaign of such nature and duration must result in a custodial sentence and a message must go out that you do not treat an intimate partner in this manner.
A CASTLEBAR man who posted intimate photos of his former partner on a number of social media platforms has been sentenced to prison for three years.
Daniel Humphreys (38) of McHale Road, Castlebar appeared before Castlebar Circuit Criminal Court where he was sentenced after pleading guilty to harassment and two counts of distributing or publishing intimate images of his former partner, Marcella Gallagher.
He was charged with harassing Ms Gallagher (35) on dates between February 11, 2021 and June 1, 2022 and distributing or publishing intimate images of her on October 6, 2021 and June 1, 2022.
The court heard that following an acrimous split between the couple, Mr Humphreys posted intimate photos she had sent him on the internet in order to get revenge on her.
Judge Eoin Garavan was informed that topless photos of Ms Gallagher were posted on social media pages created by the defendant who also set up pages purporting to be his former partner.
The court was told that Mr Humphreys 'catfished' a man in the UK who for two years who thought he was having an online relationship with Ms Gallagher and he would share intimate photos with Mr Humphreys thinking he was sending them to Ms Gallagher.
Victim Impact Statement
In her victim impact statement, Ms Gallagher from Attymass outlined that she struggled in the aftermath of discovering that images of her were uploaded online and that Mr Humphreys had degraded her and abused her trust. She added that afterwards she became withdrawn and avoided friends for fear they had seen the images and was fearful of what she might be subjected to.
“Daniel didn't care that he posted my images and did not care that he told complete strangers where I lived. He made me feel unsafe, vulnerable and afraid to live my life. I would lay in bed thinking why did all this happen to me. How could someone who once said he loved me do something so cruel and disgusting? I felt ashamed and stupid for sending him those pictures in the first place. You took my pictures and videos and used them against me.
“You Daniel Humphreys left me feeling insecure, fragile and broken to the point I did not want to live anymore. I felt used and ashamed and alone knowing that you once told me how much I meant to you. The trauma you have caused will forever stay with me but I finally see you for the person you are,” she said.
The court heard that Mr Humphreys and Ms Gallagher had been in a relationship for a number of years and had a child together but broke up in 2016. The first image of Ms Gallagher which was uploaded on the internet was in 2017 and Judge Eoin Garavan described what he did as a 'long campaign of hatred and vengefulness'.
Garda Helen Cusack explained that Ms Gallagher called to Ballina Garda Station in June 2021 to report that intimate photos of her were uploaded onto the internet without her knowledge or consent and they included topless photos of her which were taken consensually while she was in a relationship with the defendant.
Garda Cusack said that Ms Gallagher first became aware when random people started messaging her via Facebook Messenger warning her they had seen images of her online.
One person who contacted her believed he had been in an online relationship with Ms Gallagher and had sent intimate images to her.
Phone seized
Mr Humphreys' phone was seized on June 7, 2022 and contained a large number of topless photos of Ms Gallagher as well as images of her face superimposed on other naked bodies.
Garda Cusack said the defendant was arrested in April 2024 where he made admissions and claimed he wanted Ms Gallagher to feel some sort of pain and he was motivated by revenge.
Mr Diarmuid Connolly, counsel for Mr Humphreys, explained that the libraries of the world are full of stories of heartache and relations which break down and the hurt that follows but accepted his clients actions were misguided and wrong. He added that he was ashamed of what he did and that all photos and video of Ms Gallagher have since been deleted from his phone.
Mr Connolly said his client has an alcohol problem and claimed many of the images were uploaded while he was intoxicated at night.
He described Mr Humphrey's background as a sad one and his childhood was dysfunctional which led him to drink too much.
Mr Connolly said that since his client pleaded guilty and he has benefited from seeing a clinical psychologist and was trying to come to terms with his difficulties. He added that his client has a new partner and is expecting a child and asked Judge Garavan not to finalise sentencing and allow Mr Humphreys to engage in counselling.
However, Judge Garavan said he was not impressed that Mr Humphreys did not seek any counselling before the court. Mr Humphreys had engaged in a long campaign of hatred and vengefulness which was clearly premeditated and planned.
Judge Garavan said that a campaign of such nature and duration must result in a custodial sentence and a message must go out that you do not treat an intimate partner in this manner.
He imposed a four year prison sentence but suspended the final year for a two year period on the condition Mr Humphreys engages with the Probation Service for one year post release. He also ordered that Mr Humphreys should stay away from Ms Gallagher and not come within 500 metres of her or her residence for a ten year period.
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