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Court of Appeal refuses appeal by the DPP and upholds the original decision of the Dublin Circuit Criminal Court, affirming the sentence for a serious assault that resulted in a victim suffering a severe brain injury, where the original court had sentenced the defendant to 3 ½ years, with the final year suspended, on the grounds that there was no error of principle in the sentencing judge's decision.
Court of Appeal - serious assault - brain injury - sentencing - undue leniency - mitigating factors - Dublin Circuit Criminal Court - acquired brain injury - CCTV footage - Tae kwondo - victim impact statement - psychological report - child sexual abuse - guilty plea - Non-Fatal Offences Against the Person Act 1997 - proportionate sentencing - recklessness - mitigation - suspended sentence.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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The Court of Appeal dismisses an appeal by the Director of Public Prosecutions, upholding the original sentence deemed unduly lenient for a serious assault resulting in an acquired brain injury, on the grounds that the sentencing judge had not erred in principle and had remained within the permissible range of discretion, balancing the gravity of the offence with the specific circumstances of the offender, including a history of childhood trauma and the lack of prior convictions.
Court of Appeal - serious assault - acquired brain injury - sentencing - mitigating factors - childhood trauma - proportionality - Dublin Circuit Criminal Court - unduly lenient - suspended sentence - first-time offender - victim impact statement - plea of guilty - remorse - psychological report - Non-Fatal Offences Against the Person Act 1997 - recklessness - intentionality.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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