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Sentence for violent assault of detective was within judge’s discretion
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Court of Appeal dismisses appeal of severity of sentence of three years’ imprisonment imposed for assault causing harm to a member of An Garda Siochana during a drug search, on the grounds that the assault constituted an offence at the very upper end of the scale of that category of offence, for which the maximum sentence is five years, and the net sentence of three years certainly comes within the discretion which the learned sentencing judge was entitled to exercise.
Criminal law – sentencing – appeal of severity of three years’ imprisonment imposed for assault causing harm to a member of An Garda Siochana during a drug search – s. 3 of the Non Fatal Offences Against the Person Act 1997 – sentencing judge assessed the gravity of the assault at the very upper end of the gravity scale for this offence – assault constituted an offence at the very upper end of a s. 3 assault for which the maximum sentence is five years – net sentence of three years certainly comes within the discretion which the learned sentencing judge was entitled to exercise – 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.
