Courts / Mayo / Report
GAA player jailed for punching opponent during football match is free to leave prison after successful appeal
Summary
A GAA player from Castlebar, County Mayo, has been released from prison following a successful appeal against his sentence for assault. Michael Prendergast pleaded guilty to causing harm to an opponent during a football match between Bohola Moy Davitt's and Davitt's GAA Club at Ballindine in September 2013. He was originally sentenced to two years imprisonment, with the final twelve months suspended. The Court of Appeal found that the sentencing judge had erred in principle by relying primarily on the injured party's account rather than the referee's match report when determining the context of the assault. The appeal court quashed the original sentence and imposed twelve months imprisonment instead, with the balance suspended on condition of one hundred hours community service. The court noted mitigating factors and character references submitted on Prendergast's behalf.
Who, what, where, when and why
What: Report matter: GAA player jailed for punching opponent during football match is free to leave prison after successful appeal. Charges or matters: assault causing harm to Jonathan Clarke during a football match between Bohola Moy Davitt's and Davitt's GAA Club on the Davitt GAA pitch, Ballindine, Co Mayo on September 14 2013. Procedural stage: appeal
When:
- September 14 2013 Incident
- October 16, 2015 Other
- 2015-12-08 Publication
Case subjects
Appellant
Charges: assault causing harm to Jonathan Clarke during a football match between Bohola Moy Davitt's and Davitt's GAA Club on the Davitt GAA pitch, Ballindine, Co Mayo on September 14 2013 (Admitted)
Plea: Guilty
Outcome: He was sentenced to two years imprisonment with the final 12 months suspended by Judge Rory McCabe on October 16, 2015. He ought to have sentenced Prendergast on the basis of the referee's report being the proper context of the assault in this case, Mr Justice Sheehan said.
Places mentioned
- Mater Hospital
- Court of Appeal
Topics
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