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Sentence imposed on teen who broke garda’s nose was not to unduly lenient
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Court of Appeal dismisses appeal against an allegedly unduly lenient sentence of two years' imprisonment with the final six months suspended, imposed for assault causing harm arising from punching and breaking the nose of a garda who was arresting the respondent's uncle, on the grounds that while the sentence might be considered lenient, it was a significant one for a young man with difficult personal circumstances, and the sentence imposed was not a substantial departure from what would be regarded as the appropriate sentence.
Criminal law – sentencing – undue leniency – whether a sentence of two years' imprisonment with the final six months suspended imposed for assault causing harm contrary to s. 3 of the Non Fatal Offences Against the Person Act 1997 was unduly lenient – s. 2 of the Criminal Justice Act 1993 – whether the sentencing judge had failed to sufficiently reflect the gravity of the offences and in particular had failed in the proper exercise of her discretion by refusing to make the sentence for the assault consecutive to the nine month sentence for the burglary offence – while the sentence might be considered lenient, it was a significant one for a young man with difficult personal circumstances – sentence imposed was not a substantial departure from what would be regarded as the appropriate sentence – appeal dismissed.
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