Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Sentence for assault on brother-in-law was too harsh
|
or click here to request site subscription to search and view all judgments |
Court of Appeal allows appeal against severity of sentence of three years and nine months imprisonment for punching victim in face and head with co-accused, on the grounds that the reduction from the headline sentence for mitigation was insufficient and a sentence of three years imprisonment with the last six months suspended was more appropriate.
McCarthy J: Criminal Law – appeal against severity of sentence – assault causing harm – guilty plea on day of trial – three years and nine months imprisonment – victim was held on a bench by a co-accused while appellant punched victim in face and head – co-accused also began striking the victim – Gardaí arrived to assist victim – whether the headline sentence was excessive – whether there was an erroneous finding of aggravating factors – whether inadequate weight was attached to mitigation – assault was a serious one and judge was well within his discretion to determine that the offence fell at the upper range of the scale of offending – reduction from the headline sentence for mitigation was insufficient and constituted an error in principle – three years with last six months suspended.
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.
