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Court of Appeal refuses application by the Director of Public Prosecutions to review a sentence of two years imprisonment, suspended in its entirety for assault causing harm, and a sentence of 12 months imprisonment, suspended in its entirety for production of a 'knuckle duster' during an assault outside a fast food restaurant, on the grounds that: (a) the trial judge had been entitled to prioritise rehabilitation in sentencing; and (b) while the sentence was very lenient, it was not unduly lenient.
Criminal law - sentencing - alleged undue leniency - guilty plea of assault causing harm - claim by accused that he had not used a knuckle duster during the assault - production of knuckle duster - 'article capable of inflicting serious injury' - s. 11 of the Firearms and Offensive Weapons Act 1990 - conviction by jury - two years imprisonment for assault causing harm, suspended in its entirely for four years - 12 months imprisonemtn suspended in its entirely for four years for production - history of accused - alcohol issues - employment history - probation report - offer of €1,000 compensation - whether sentence unduly lenient.
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