Courts / Kildare / Report

Sentence of drunk who attacked garda and head chef too lenient, court finds

Date
2018-07-12
Stage
Appeal
Primary locality
Naas
County
Kildare

Summary

Michael Kaiser, a 24‑year‑old Polish national, was found guilty of burglary and assault causing harm to an off‑duty Garda in Naas on 1 July 2016. He was originally sentenced to two years' imprisonment with the final six months suspended. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. The Court of Appeal agreed and increased his term to two‑and‑a‑half years, crediting time already served. The judge noted that Kaiser and a co‑offender had been drinking at the Ivy Inn, entered the kitchen without permission, attacked the head chef with a mop, and then assaulted Garda James Keating, who had come to the pub for lunch. The assault on the Garda was aggravated by the fact it was committed on an off‑duty officer. The court emphasised that Kaiser had no prior convictions, had been a good employee, and had returned to Ireland in breach of a deportation order. Michael Kaiser pleaded not guilty.

Who, what, where, when and why

What: Report matter: Sentence of drunk who attacked garda and head chef too lenient, court finds. Charges or matters: burglary and assault causing harm to an off duty garda in Naas on July 1, 2016. Procedural stage: appeal. Findings: Found guilty

When:

Case subjects

Michael Kaiser

Appellant

Charges: burglary and assault causing harm to an off duty garda in Naas on July 1, 2016 (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; He was found guilty and sentenced to two years imprisonment with the final six months suspended by Judge Karen O'Connor on January 20, 2017. Mr Justice Edwards, who sat with President of the Court of Appeal Mr Justice George Birmingham and Mr Justice Patrick McCarthy, re-sentenced Kaiser to three-and-a-half years imprisonment with the final 12 months suspended.

Places mentioned

Incident
Court Venue
  • Court of Appeal
Address Area
  • Main Street
Secondary Mention

Topics

Burglary Stage Appeal Violent Crime

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