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Man who sacked lawyers fails to convince court that vicious attack sentence was too severe
Summary
Joseph Fraser, a 43-year-old businessman from Leopardstown who formerly owned Fraser Oil, has had his appeal against the severity of his sentence dismissed by the Court of Appeal. Fraser pleaded guilty to assaulting a woman at Foxborough Downs in Lucan on September 19, 2017. Judge Melanie Greally originally sentenced him to four years' imprisonment, with the final 18 months suspended, on November 27, 2018. Representing himself after dismissing his legal team, Fraser argued that the sentencing judge rushed to judgment and failed to consider a non-custodial option. He also contested the finding that the victim suffered a broken eye socket, claiming it was merely bruised, and suggested the judge should have heard DNA evidence regarding his boots. The Court of Appeal, led by Ms Justice Isobel Kennedy, rejected these submissions. She stated that the circumstances were so extreme that a custodial sentence was unavoidable and confirmed the factual basis for the injury findings. The court noted that Fraser had not sought a Newton Hearing at the original sentencing to present additional evidence. Ms Justice Kennedy further clarified that arguments regarding temporary release were matters for the executive, not the courts. The three-judge panel, including Mr Justice Patrick McCarthy and Ms Justice Úna Ní Raifeartaigh, upheld the original sentence, leaving Fraser with an effective custody period of two and a half years.
Who, what, where, when and why
What: Report matter: Man who sacked lawyers fails to convince court that vicious attack sentence was too severe. Charges or matters: assault causing harm to the woman at Foxborough Downs, in Lucan, on September 19, 2017. Procedural stage: appeal
When:
- September 19, 2017 Incident
- November 27, 2018 Hearing Or Sentence
- 2020-02-28 Publication
Case subjects
Appellant
Outcome: Fraser Oil company, was sentenced to four years imprisonment with the final 18 months suspended by Judge Melanie Greally on November 27, 2018, which was upheld by the Court of Appeal today.
Defendant
Charges: assault causing harm to the woman at Foxborough Downs, in Lucan, on September 19, 2017 (Admitted)
Plea: Guilty
Outcome: The businessman, who at one stage owned the Fraser Oil company, was sentenced to four years imprisonment with the final 18 months suspended by Judge Melanie Greally on November 27, 2018, which was upheld by the Court of Appeal today. Fraser submitted that the sentencing judge rushed to judgment and sent him to prison without considering a non-custodial sentence.
Places mentioned
- Mount Eagle Drive
- Dublin
- Dublin Circuit Criminal Court
- Court of Appeal
Topics
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