Courts / Wicklow / Report
Suspended sentence too lenient for man who bit garda
Summary
In a case heard by the Court of Appeal on 22 November 2019, Brandon Power, aged 21, was found to have bitten Garda Thomas Devereux's finger so hard that the bone snapped during an incident at the Bray courthouse on 31 March 2018. Power had pleaded guilty to assaulting the Garda and was already being sentenced for a separate matter when he became aggrieved and tried to escape. While being restrained, he bit the Garda's finger, causing the injury. Judge Terence O'Sullivan had originally imposed a wholly suspended one‑year sentence on 11 April 2019. The Court of Appeal, with Mr Justice George Birmingham presiding, declared that sentence "unduly lenient" and ordered a re‑sentencing hearing on 10 March 2020. The court also requested an updated probation report and allowed Power to remain on bail pending the new hearing. The decision does not yet specify a custodial term, but indicates that a custodial sentence may be imposed.
Who, what, where, when and why
What: Report matter: Suspended sentence too lenient for man who bit garda. Charges or matters: assaulting Garda Thomas Devereux in Bray courthouse on March 31, 2018. Procedural stage: appeal
When:
- March 31, 2018 Hearing Or Sentence
- April 11, 2019 Incident
- March 10 Hearing Or Sentence
- 2019-11-22 Publication
Case subjects
Appellant
Charges: assaulting Garda Thomas Devereux in Bray courthouse on March 31, 2018 (Admitted)
Plea: Guilty
Outcome: The Court of Appeal heard that Power was being sentenced for another matter when he became aggrieved and attempted to flee. President of the Court of Appeal Mr Justice George Birmingham said he was in "no doubt" that Power's suspended sentence was "unduly lenient".; The matter was put back to March 10 for re-sentencing.
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