Courts / Dublin / Report

Attacker who left victim needing 24-hour care fails in appeal bid

Date
2020-12-21

Stage
Appeal

Primary locality
Dublin City

County
Dublin

Summary

The Court of Appeal has dismissed a sentence appeal by Aaron Wilson, who was convicted of assault causing serious harm to Aaron Kiely in Dublin City on January 19, 2014. Wilson, a personal trainer, pleaded guilty to the charge after initially absconding from a scheduled trial. He was sentenced to eight and a half years in prison by Judge Martin Nolan at Dublin Circuit Criminal Court. Wilson appealed to the Court of Appeal, seeking a reduction of six months and one day to avoid classification as a long-term prisoner. His counsel argued the sentence was at the top of the scale and that the attack was not premeditated. The prosecution, represented by Tony McGillacuddy BL, urged the court to dismiss the appeal, noting the severity of the injuries. The victim, Mr. Kiely, suffered skull fractures, a brain clot, and hearing loss, leaving him requiring 24-hour care. Justice Patrick McCarthy, sitting with Justices Birmingham and Kennedy, dismissed the appeal. The court held that the classification of prisoners is a matter for prison authorities, not the judiciary. It found that the sentencing judge was correct to place the case near the top of the available range, given the victim's severe, life-altering injuries and the fact that Wilson's fitness exacerbated the harm. The court noted that a generous reduction had already been applied for mitigating factors and confirmed the original eight-and-a-half-year sentence.

Who, what, where, when and why

What: Report matter: Attacker who left victim needing 24-hour care fails in appeal bid. Charges or matters: assault causing serious harm to Mr Kiely in the city on January 19, 2014. Procedural stage: appeal

When:

January 19, 2014 Incident
November 2016 Incident
2020-12-21 Publication

Why: Counsel explained that a sentence of eight years or more brings a prisoner into the 'long-serving' category and means that it will be a considerable time before such prisoners begin cooperation with the parole board. CNI source report

Case subjects

Aaron Wilson

Defendant

Charges: assault causing serious harm to Mr Kiely in the city on January 19, 2014 (Admitted)

Plea: Guilty

Outcome: Aaron Wilson had asked the court to cut six months and a day off his eight-and-a-half-year sentence so he would no-longer be classed as a long-term prisoner. He jailed him for eight and a half years.