Courts / Limerick / Report
Woman who seriously assaulted "vulnerable" recovering crash victim has sentence cut
Summary
In Limerick, Melissa Whelan, aged 27, pleaded guilty to assault causing serious harm to Wayne Fitzgerald, a recovering road crash victim, on 6 May 2015. She was originally sentenced to 12 years' imprisonment, with the final three years suspended, by Judge Tom O'Donnell. On appeal, the Court of Appeal reduced her jail term by 18 months, citing mitigating factors. The Court held that the mitigating factors warranted a greater reduction than the 25% originally applied. The final sentence was 12 years' imprisonment, with four and a half years suspended, leaving a net jail term of seven and a half years. The case involved a house party where Whelan struck Fitzgerald with a bottle, punched and kicked him, and dragged him outside, where he was found unconscious the next morning. Fitzgerald suffered severe brain injury, required surgery, and was left with significant impairments in speech, swallowing, and memory.
Who, what, where, when and why
What: Report matter: Woman who seriously assaulted "vulnerable" recovering crash victim has sentence cut. Charges or matters: assault causing serious harm to Wayne Fitzgerald at a Knock Hill apartment, Ennis Road, in the city on May 6, 2015. Procedural stage: appeal
When:
- May 6, 2015 Incident
- April 4, 2017 Hearing Or Sentence
- 2018-05-11 Publication
Case subjects
Appellant
Charges: assault causing serious harm to Wayne Fitzgerald at a Knock Hill apartment, Ennis Road, in the city on May 6, 2015 (Admitted)
Plea: Guilty
Outcome: She was sentenced to 12 years imprisonment with the final three suspended by Judge Tom O'Donnell at Limerick Circuit Criminal Court on April 4, 2017. Mr Justice Hedigan, who sat with Mr Justice George Birmingham and Mr Alan Mahon, re-sentenced Whelan to 12 years imprisonment with the final four-and-a-half suspended leaving her with a net jail term of seven-and-a-half years.
Places mentioned
- Limerick
- Limerick Circuit Criminal Court
- Court of Appeal
Topics
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