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Court of Appeal allows appeal of unduly lenient 18-month suspended sentence imposed for assault after the victim was struck in the face with a pint glass causing scarring, permanent loss of vision in his left eye and psychological trauma, but doesn’t not quash the sentence, on the grounds that sentence imposed represented a significant departure from the norm and was unduly lenient, but it is sufficient to simply record the view that that sentence was, at the time when it was imposed, unduly lenient in light of the significantly greater burden of hardship for the respondent to have to go into custody at this point.
Criminal law – sentencing – undue leniency – whether an 18-month suspended sentence for assault was unduly lenient – section 2 of the Criminal Justice Act 1993 – assault causing harm contrary to s. 3 of the Non-Fatal Offences Against the Person Act 1997 – respondent struck victim in the face with a pint glass causing scarring, permanent loss of vision in his left eye and psychological trauma – O’Malley, Sentencing Law and Practice, 3rd Ed., (Dublin, 2016) – sentence imposed represented a significant departure from the norm and was unduly lenient – does the justice of the case still require that he should have to go into custody – sentence not quashed – sufficient to simply record our view that that sentence was, at the time when it was imposed, unduly lenient – appeal allowed.
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