Courts / Limerick / Report

Jail term cut for man over "unmerciful beating" of cyclist

Summary

Larry McCarthy, aged 39, was convicted by a non‑jury Special Criminal Court of assaulting cyclist David Foran, 33, on 25 November 2014 and of threatening to use unlawful violence with two others. The court sentenced him to six years' imprisonment on 31 July 2017. McCarthy appealed, arguing that the admission of Foran's initial statement was improper under section 16 of the Criminal Justice Act 2006. The Court of Appeal dismissed the appeal, agreeing that the statement was admissible. On a subsequent sentence appeal, the Court of Appeal suspended the final 15 months of McCarthy's six‑year term, citing errors in the original sentencing court's weighting of a 1999 violent‑disorder conviction and the exclusion of mitigating factors such as positive testimonials and difficult family circumstances. McCarthy was required to enter a two‑year good‑behaviour bond after release. The case remains at the sentencing‑appeal stage. Larry McCarthy pleaded not guilty.

Who, what, where, when and why

What: Report matter: Jail term cut for man over "unmerciful beating" of cyclist. Charges or matters: assaulting David Foran (33) at Cornmarket Villas on November 25th, 2014 as well as threatening to use "unlawful violence" along with two others on the same occasion. Procedural stage: appeal

When:

• November 25th, 2014 Hearing Or Sentence
• July 31, 2017 Hearing Or Sentence
• November 2014 Incident
• 2018-06-11 Publication

Why: However, some time after his initial statement, Mr Foran stated that he wished to formally withdraw the complaint against Larry McCarthy because he only realised who Larry McCarthy was when they both found themselves in court on the same day in separate matters, Mr White said. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report