Courts / Laois / Report

Prisoner who claimed ex-garda inmate "requested" assault loses appeal

Summary

Gerard Brown, 34, was convicted by a jury at Portlaoise Circuit Criminal Court of assaulting fellow inmate Stephen Cooper in the Midlands Prison on 20 May 2014. Brown was sentenced to three years imprisonment, consecutive to a term already being served. Brown appealed the sentence, arguing that the offence was committed in prison and that the judge had double‑counted aggravating factors. He also claimed that Cooper had consented to the assault, having requested Brown to attack him to facilitate Cooper's early release on safety grounds, and that Cooper had agreed to provide Brown with documents, information and €1,000. Cooper denied any consent or agreement. The Court of Appeal, with Mr Justice Alan Mahon presiding, dismissed the appeal, holding that the sentence was not unduly harsh and that the fact the offence occurred in prison should not have been treated as an aggravating factor. The appeal was dismissed by the Court of Appeal.

Who, what, where, when and why

What: Report matter: Prisoner who claimed ex-garda inmate "requested" assault loses appeal. Procedural stage: appeal. Findings: Found guilty

When:

• May 20, 2014 Hearing Or Sentence
• 2017-02-09 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report