Courts / Donegal / Report

Suspended sentence for 'brutal onslaught' too lenient

Date
2020-09-28
Stage
Appeal
Primary locality
Letterkenny
County
Donegal

Summary

A man from Tuam, County Rosemmon, must serve eighteen months in prison following a Court of Appeal decision that his original suspended sentence was unduly lenient. Stephen Connor, aged 43, pleaded guilty in July 2019 to assault causing harm, false imprisonment, and producing a knife during an incident at a house in Letterkenny, County Donegal, on 5 May 2018. The sentencing judge had imposed a two-and-a-half-year sentence but suspended it in full. The Director of Public Prosecutions successfully appealed, arguing the sentence failed to reflect society's condemnation of domestic violence or incorporate adequate deterrence. The Court of Appeal found Connor's case contained no exceptional circumstances warranting full suspension. Justice Úna Ní Raifeartaigh, sitting with two colleagues, ruled that while the two-and-a-half-year custodial sentence remained appropriate, the final year would be suspended as a matter of appellate practice.

Who, what, where, when and why

What: Report matter: Suspended sentence for 'brutal onslaught' too lenient. Procedural stage: appeal

When:

Case subjects

Unnamed man

Appellant

Plea: Guilty

Outcome: Stephen Connor, (43) a father of one of Tuam, Kilrooskey, Co Roscommon, must now serve a prison sentence after the DPP successfully appealed the decision of Judge John Aylmer to fully suspend a two and a half year sentence imposed at Letterkenny Circuit Criminal Court last November. Counsel for the DPP, Fiona Crawford BL, claimed the decision of the sentencing judge to fully suspend the two and a half year sentence imposed on Connor constituted a significant departure from the norm for such offending behaviour given the judge had described the incident as "a protracted and fairly brutal onslaught." Ms Crawford also said Judge Aylmer had failed to incorporate any element of deterrence in his sentence and failed to reflect society's abhorrence of such offences.

Places mentioned

Secondary Mention
Court Venue
  • Court of Appeal
  • Letterkenny
  • Letterkenny Circuit Criminal Court
Residence
Garda Station

Topics

Stage Appeal Violent Crime

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