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Criminal who attacked and threatened to kill witness at his home should be jailed for longer, State says
Summary
An appeal is ongoing regarding the sentence imposed on Derek Lennon (34) of Neagh Road, Terenure, Dublin 6, who was found guilty of dangerous driving following a District Court trial in March 2016. Lennon was banned from driving for six years and sentenced to 90 hours community service. In 2018, Lennon intimidated Niall Fitzgerald, a State witness in the road traffic case, to such an extent that Fitzgerald was too afraid to go to court. Subsequently, Lennon attacked Fitzgerald at his home, using a plank of wood and punching him. Lennon pleaded guilty at Dublin Circuit Criminal Court to two counts of intimidation, criminal damage to two CCTV cameras at the victim's home, assault causing harm, production of a length of wood, and threatening to kill or cause serious harm. He was sentenced to four and a half years in prison by Judge Martin Nolan. The Director of Public Prosecutions (DPP) is appealing the sentence, arguing that it was unduly lenient and did not reflect the gravity of the offences. Counsel for the DPP, Tony McGillicuddy BL, stated that the trial judge had identified a headline sentence of between six and seven years imprisonment. He argued that the sentence imposed on Lennon failed to reflect the seriousness of the offences and that the trial judge should have imposed separate sentences for the witness intimidation charges. The matter is currently before the Court of Appeal, with the court reserving its judgment.
Who, what, where, when and why
What: Report matter: Criminal who attacked and threatened to kill witness at his home should be jailed for longer, State says. Charges or matters: dangerous driving following a District Court trial; two counts of intimidation, criminal damage to two CCTV cameras at the victim's home, assault causing harm, production of a length of wood and threatening to kill or cause serious harm. Procedural stage: appeal. Findings: Found guilty
When:
- March 2016 Hearing Or Sentence
- 2021-01-26 Publication
Case subjects
Appellant
Charges: dangerous driving following a District Court trial; two counts of intimidation, criminal damage to two CCTV cameras at the victim's home, assault causing harm, production of a length of wood and threatening to kill or cause serious harm (Proven)
Plea: Guilty
Finding: Found guilty
Outcome: Found guilty; Niall Fitzgerald acted as a State witness in the road traffic case and Lennon was banned from driving for six years and sentenced to 90 hours community service. The barrister submitted that the sentence imposed on Lennon failed to reflect the gravity and seriousness of the offences committed by him in sufficient terms. "It is submitted that the setting of one global sentence on the assault matter was not appropriate," he said, adding that the trial judge should have imposed sentences on the witness intimidation charges.
Appellant
Outcome: Mr McGillicuddy said that the trial judge had identified the headline sentence at between six and seven years imprisonment.
Places mentioned
Topics
Road Traffic Stage Appeal Violent Crime
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