Courts / Dublin / Report

Jail time doubled for man who fractured teen's skull with hurley after car was damaged

Date
2019-10-11

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

The Court of Appeal has doubled the jail term for Alan Curtis, who was convicted of intentionally or recklessly causing serious harm to 16-year-old David McClelland in Crumlin, Dublin, in March 2014. Curtis, of Kimmage, had pleaded not guilty to the charge, claiming self-defence after youths damaged his car outside his mother's home. However, a jury at Dublin Circuit Criminal Court found him guilty, noting that he followed McClelland and struck him with a hurley in an act of revenge rather than defence. McClelland suffered a depressed skull fracture requiring emergency surgery and rehabilitation. The Director of Public Prosecutions successfully sought a review of the original sentence, arguing it was unduly lenient. The original sentence of four years imprisonment, with the final two years suspended, was replaced by a re-sentencing of five years imprisonment, with the final 12 months suspended. In delivering the judgment, Mr Justice Patrick McCarthy, sitting with President George Birmingham and Ms Justice Isobel Kennedy, stated that no one can take the law into their own hands. The court emphasized that the proper response to the incident would have been to speak peacefully to the youths or contact the gardaí, rather than engaging in physical retaliation.

Who, what, where, when and why

What: Report matter: Jail time doubled for man who fractured teen's skull with hurley after car was damaged. Charges or matters: intentionally or recklessly causing serious harm to then 16-year-old David McClelland at Cashel Road, Crumlin, Dublin, on March 28, 2014. Procedural stage: appeal. Findings: Found guilty

When:

March 28, 2014 Hearing Or Sentence
2019-10-11 Publication

Case subjects

Alan Curtis

Convicted Person

Charges: intentionally or recklessly causing serious harm to then 16-year-old David McClelland at Cashel Road, Crumlin, Dublin, on March 28, 2014 (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; Despite claiming self-defence, Curtis was found guilty by a jury at Dublin Circuit Criminal Court and sentenced to four years imprisonment with the final two years suspended. He was accordingly re-sentenced to five years imprisonment with the final 12 months suspended.