Courts / Waterford / Report
DPP seeking sentence hike for bottle attack
Summary
Patrick Harty, aged 21, pleaded guilty to assault causing serious harm at a house party on New Year's Eve 2014 and to an unprovoked assault on a man in Waterford on 1 September 2015. He was sentenced on 28 October 2016 to four-and-a-half years' imprisonment, with the final 18 months suspended, and a concurrent 12‑month jail term for the second assault. No compensation order was made. The Director of Public Prosecutions, citing the attack's viciousness and the fact that Harty broke a bottle to use it as a weapon, seeks a review of the sentence on the grounds it was "unduly lenient." The Court of Appeal has reserved judgment and will deliver it on Monday. Counsel for Harty argues the sentence was lenient but not unduly so, noting his youth, remorse and difficult upbringing. The appeal will consider whether the judge's mitigation, suspension and concurrent sentencing were in error.
Who, what, where, when and why
What: Report matter: DPP seeking sentence hike for bottle attack. Charges or matters: assault causing serious harm at a house party in the county on New Year's Eve, 2014; an unprovoked assault on a man in Waterford on September 1, 2015. Procedural stage: appeal
When:
- September 1, 2015 Incident
- October 28, 2016 Incident
- New Year's Eve Incident
- 2018-10-12 Publication
Case subjects
Convicted Person
Charges: assault causing serious harm at a house party in the county on New Year's Eve, 2014; an unprovoked assault on a man in Waterford on September 1, 2015 (Admitted)
Plea: Guilty
Outcome: Harty was sentenced to four-and-a-half years imprisonment with the final 18 months suspended by Judge Eugene O'Kelly on October 28, 2016. The Director of Public Prosecutions are seeking a review of Harty's sentence on grounds it was "unduly lenient".
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