Evidence that persons known to complainant were asked but refused to provide statements was admissible in assault trial

Criminal law – appeal of assault conviction – assault causing harm contrary to s. 3 of the Non Fatal Offences Against the Person Act 1997 – sentencing – undue leniency – whether a sentence of two years and six months' imprisonment was unduly lenient – s. 2 of the Criminal Justice Act 1993 – appellant poured boiling water on the complainant who was pregnant at the time – whether trial judge erred in admitting evidence which was more prejudicial than probative – whether trial judge erred in admitting the evidence of Garda Paula Sidley with regard to persons who had been asked by her to provide statements and who had not provided statements – trial judge’s summary of the defence case to the jury – trial judge’s reference in his charge to the jury to the standard of proof – whether the complainant had lied in blaming the appellant for the boiling water being poured over her – there was no unfairness in the manner in which the learned trial judge addressed the jury in relation to the prosecution evidence and the extent to which that was challenged by the defence – conviction appeal dismissed – two and a half years imprisonment for this very grave offence was unduly lenient – sentence of five years with the final twelve months suspended substituted – sentencing appeal allowed.