Court of Appeal dismisses appeal against the severity of three-year sentence imposed for assault causing harm, finding that the sentencing judge’s discretion to adopt the approach that he did, and to impose a single custodial sentence, measured with due regard to the effective sentence imposed earlier for the explosives offence, to which it was required to be made consecutive, so as to be proportionate and to take account of the totality principle, did not offend an sentencing principles.
Criminal law – sentencing – appeal against the severity of the sentence imposed at Dublin Circuit Criminal Court – assault causing harm, contrary to s. 3 of the Non Fatal Offences Against the Person Act 1997 and reckless endangerment, contrary to s.13 to of the Non Fatal Offences Against the Person Act 1997 – three years imprisonment – s. 11 of the Criminal Justice Act 1984 – judge was obliged to impose a consecutive sentence – whether trial judge was in a position to adjudicate upon an appropriate global sentence – totality principle – judge did not err in principle – appeal dismissed.