Courts / Wicklow / Report

Suspended sentence for man who attacked ex at creche "too lenient", court finds

Date
2019-01-15

Stage
Appeal

Primary locality
Roundwood

County
Wicklow

Summary

Matthew Kelly, 26, pleaded guilty to assault causing harm to his ex‑partner in Roundwood, Co Wicklow, on 17 November 2017. He was originally given a wholly suspended two‑and‑a‑half‑year sentence by Judge Michael O'Shea at Bray Circuit Criminal Court on 26 July 2018. The Director of Public Prosecutions appealed, arguing the sentence was "unduly lenient". The Court of Appeal agreed and, on 15 January 2019, imposed a new two‑and‑a‑half‑year term with all but the final 12 months suspended, effectively sentencing Kelly to 12 months in custody. The appeal judge noted the assault occurred near a creche where the victim's two‑year‑old daughter was being collected, that Kelly had a safety order in force at the time, and that the attack was described as "cowardly, vicious and violent". The court highlighted the seriousness of breaching a safety order and the presence of the victim's child during the assault.

Who, what, where, when and why

What: Report matter: Suspended sentence for man who attacked ex at creche "too lenient", court finds. Charges or matters: assault causing harm to his ex-partner in Roundwood, Co Wicklow on November 17, 2017. Procedural stage: appeal

When:

November 17, 2017 Incident
July 26, 2018 Incident
2019-01-15 Publication

Case subjects

Matthew Kelly

Appellant

Charges: assault causing harm to his ex-partner in Roundwood, Co Wicklow on November 17, 2017 (Admitted)

Plea: Guilty

Outcome: The Director of Public Prosecutions successfully sought a review of Kelly's suspended sentence on grounds that it was "unduly lenient". Mr Justice Birmingham, who sat with Ms Justice Marie Baker and Mr Justice Patrick McCarthy, quashed Kelly's sentence and imposed a new two-and-a-half year term with all but the final 12 months suspended.