Sentencing judge erred in his categorisation of unprovoked headbutt

Criminal law – sentencing – appeal of sentence of eight years’ imprisonment in respect of a s. 4 assault – whether the judge erred when sentencing in seeing the offence at issue as being in the upper mid range and, having done that, then proceeding to impose a sentence that fell outside the range for such offences indicated by the Fitzgibbon case, which would have been a range of four to seven and half years – sentence imposed is not one that can stand – appropriate sentence is five years with the final year suspended – it was a mid range offence where there were mitigating factors present in terms of the cooperation, in terms of the plea, in terms of the offer of a sum of money by way of recompense, very limited as that was, and in terms of the fact that this was going to be the first occasion that the appellant was going to be required to spend time in prison – appeal allowed.