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Court of Appeal dismisses appeal against the severity of sentence of three years' imprisonment imposed for assault of a fellow prisoner in Portlaoise prison, on the grounds that the sentencing judge did not increase the sentence to reflect the fact that the offence was committed in prison as an aggravating factor, and the sentence is an appropriate sentence for the offence in question.
Criminal law – sentencing – appeal against the severity of three years' imprisonment imposed for assault of a fellow prisoner in Portlaoise prison – assault causing harm contrary to s. 3 of the Non Fatal Offences Against The Person Act 1997 – section 13 of the Criminal Law Act 1976 – whether the sentencing judge was treating the fact that the offence was committed while already serving a prison sentence as an aggravating fact – Sentencing Law and Practice 3rd Edition, Prof. O’Malley –– appeal dismissed.
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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