Courts / Tipperary / Report
Violent robber kicked unconscious victim in head
Summary
Eddie Barnaville, a former kickboxing champion, has lost his appeal against the severity of his sentence for two robberies committed within 24 hours of each other in Thurles in January 2016. Barnaville pleaded guilty to the offences, which involved violently assaulting victims on Liberty Square and Kickham Street. At Nenagh Circuit Criminal Court on April 28, 2017, Judge Thomas Teehan imposed consecutive five-year sentences, totalling 10 years, with the final four years suspended. The Court of Appeal, presided over by Mr Justice John Edwards alongside President Mr Justice George Birmingham and Mr Justice Patrick McCarthy, dismissed the appeal. The court held that the sentencing judge correctly assessed the gravity of the offences, noting the victims were in vulnerable, semi-conscious states when subjected to extreme violence. Mr Justice Edwards described the sentencing approach as "impeccable" and the four-year discount for mitigation as adequate and generous. The court rejected the argument that the gravity was over-assessed, emphasizing that Barnaville's culpability was significant due to his prior convictions and the gratuitous nature of the attacks. The appeal was dismissed, upholding the original sentence.
Who, what, where, when and why
What: Report matter: Violent robber kicked unconscious victim in head. Charges or matters: two robberies within 24 hours of each other on Liberty Square and Kickham Street in Thurles in January 2016. Procedural stage: appeal
When:
- January 2016 Hearing Or Sentence
- April 28, 2017 Hearing Or Sentence
- 2018-11-01 Publication
Why: Although the victims in both instances were not in a position to offer resistance because of their semi-conscious states, "they were viciously kicked and kicked repeatedly into their chest and stomach area before property was stolen from their persons". CNI source report
Case subjects
Appellant
Charges: two robberies within 24 hours of each other on Liberty Square and Kickham Street in Thurles in January 2016 (Admitted)
Plea: Guilty
Outcome: He was given consecutive five year sentences, totalling 10 years, with the final four years suspended by Judge Thomas Teehan at Nenagh Circuit Criminal Court on April 28, 2017. Barnaville lost an appeal against the severity of his sentence today, with the Court of Appeal holding that the gravity of the offences was "correctly assessed" and the mitigating factors "adequately reflected".
Places mentioned
- Court of Appeal
- Nenagh
- Nenagh Circuit Criminal Court
- Liberty Square
- Kickham Street
Topics
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