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Court of Appeal sets aside the original fully suspended 12-month sentence imposed on a man for assault causing harm and production of an article capable of inflicting serious injury, ruling it unduly lenient. The original sentence was handed down by the Circuit Criminal Court, which had fully suspended the sentence on conditions including staying away from the victim and maintaining sober habits. The Court of Appeal determined that the sentence represented a substantial departure from the norm, given the severity of the unprovoked assault, the defendant's previous convictions, and the fact that the offence occurred while a previous suspended sentence was in effect. The Court of Appeal imposed a new sentence of four years' imprisonment with the final 18 months suspended, subject to conditions similar to those originally imposed.
Court of Appeal, unduly lenient sentence, assault causing harm, production of an article, suspended sentence, recidivist offender, aggravating factors, mitigating circumstances, victim impact statement, personal adversity, public safety, rehabilitation, sobriety, suspended portion of sentence, Criminal Justice Act 1993, Non-fatal Offences against the Person Act 1997, Firearms and Offensive Weapons Act 1990, general deterrence.
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