Court of Appeal dismisses appeal against severity of a sentence of four years' imprisonment for endangerment and assault causing harm, on the grounds that: (a) there are significant aggravating factors in the case, and no error in principle in judge’s approach; (b) the judge afforded a very generous discount for mitigation; and (c) it is within judge’s discretion how to approach issue of suspension of sentence, and no error in the manner in which the discretion was exercised.
Kennedy J: Criminal law – ex tempore – appeal against severity of sentence – four years’ imprisonment – endangerment – assault causing harm – driving disqualification for four years – injured party came across appellant – she was homeless and sleeping rough – arrangement made that she could stay with appellant that night in his car – pair begged up until 11pm and then drove off in appellant’s car – argument broke out between them relating to money – appellant struck kerb and one of his tyres was blown out – appellant blamed injured party and became violent – injured party attempted to leave the car and opened the car door – appellant increased his speed and injured party was dragged along the road feet first – Gardaí observed the appellant’s vehicle breaking a red light and saw a female hanging out of the passenger door from her waist down – Gardaí activated blue lights and siren but vehicle failed to stop – pursuit continued – vehicle took a right turn at round about and injured party fell out of the car onto the road – surface of shoes of injured party were worn – cuts to her feet and injuries to her ankle – appellant arrested and interviewed – whether the judge measured the headline sentence at too high a level – whether the judge erred in not allowing sufficient reduction from the headline sentence – significant aggravating factors in the case and no error in principle in judge’s approach – judge afforded a very generous discount for mitigation – within judge’s discretion how to approach issue of suspension of sentence and no error in the manner in which the discretion was exercised – appeal dismissed.