Courts / Waterford / Report
Courts should not 'shy away' from maximum sentence in assault cases
Summary
In a 2020 Court of Appeal decision, Mr Justice George Birmingham urged that judges should not shy away from starting at the maximum five‑year sentence for section 3 assault cases, especially when the offence is "high‑end". He cited three Waterford cases where the original sentences were deemed unduly lenient. Martina McGrath (27) received an extra two years for stabbing a pregnant woman; Dale Brazil (25) was given an additional year for attacking a man with a metal bar; and Mark Dolan (32) avoided a return to jail after a six‑month term for smashing a rugby player's face, having "completely turned his life around". Birmingham noted aggravating factors such as use of a weapon, multiple assailants, pre‑planning and significant injuries, and argued that the headline sentences in all three cases should have been five years before any reduction for mitigating circumstances.
Who, what, where, when and why
What: Report matter: Courts should not 'shy away' from maximum sentence in assault cases. Procedural stage: appeal
When:
- 2020-02-20 Publication
Why: At the time of the incident, he said the victim had been training with the Ireland U-19 rugby team but, because of the injuries sustained, he was unable to play or train for a period and lost his place with the squad. CNI source report
Case subjects
Appellant
Outcome: President of the Court of Appeal Mr Justice George Birmingham made the observation after three people jailed for three separate assaults in Waterford were found to have been given "unduly lenient" sentences. He said the court was in "no doubt" that in each of the three cases, there was an error in identifying the starting or pre-mitigation headline figure and, in each case, the sentences that were actually imposed were "unduly lenient".
Places mentioned
- Court of Appeal
- Connolly Place
- Waterford city
- Clonard
- Clonard Park
Topics
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