Courts / Wicklow / Report
Attacker appeals sentence for "one punch" assault that left victim with "life changing" injuries
Summary
Mark O'Sullivan, 29, of Old Connaught View, Bray, was convicted of assault causing serious harm after striking David Kirwan with a single blow to the head on 15 January 2017 near James Everett Park. Kirwan suffered catastrophic injuries, including brain damage, seizures, memory loss and hearing loss, and was in a medically‑induced coma for days. O'Sullivan pleaded guilty and was sentenced on 28 April 2018 to seven years' imprisonment, with the final two‑and‑a‑half years suspended. He had no prior convictions. O'Sullivan has now lodged an appeal against the severity of the sentence, arguing that the seven‑year term was too high given his lack of intent and remorse. His barrister, Michael O'Higgins SC, contends the sentence is disproportionate, while the Director of Public Prosecutions, Eoghan Cole BL, maintains the attack was unprovoked and the seven‑year term appropriate. The Court of Appeal has reserved judgment.
Who, what, where, when and why
What: Report matter: Attacker appeals sentence for "one punch" assault that left victim with "life changing" injuries. Charges or matters: assault causing serious harm to David Kirwan near the James Everett Park area of Bray on January 15, 2017. Procedural stage: appeal
When:
- January 15, 2017 Incident
- April 28, 2018 Hearing Or Sentence
- 2019-02-19 Publication
Why: He also accepted that his actions must be suitably punished in order to reflect the harm done. CNI source report
Case subjects
Defendant
Charges: assault causing serious harm to David Kirwan near the James Everett Park area of Bray on January 15, 2017 (Admitted)
Plea: Guilty
Outcome: O'Sullivan was sentenced to seven years imprisonment with the final two-and-a-half years suspended by Judge Michael O'Shea on April 28, 2018. Moving to appeal his sentence today, O'Sullivan's barrister, Michael O'Higgins SC, submitted that the headline sentence of seven years was too high, given his client's culpability.
Places mentioned
- James Everett Park
- Wicklow
- Wicklow Circuit Criminal Court
- Court of Appeal
Topics
Related court reports
- 'Alternative dispute resolution': man arranged 'straightener' during which dad-of-seven was stabbed to death
- Serial burglar jailed for stealing from restaurant lockers
- 'He's an adult and well able to take responsibility' - Judge gives man time to compensate ex for damage to property
- Domestic violence accused loses habeas corpus appeal
- Brothers attacked man in toilet cubicle after Tyson Fury match 'banter'
- Murder accused pleads guilty to violent disorder at playground
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request