Courts / Dublin / Report

Pair appeal sentences for 'vicious and savage' attack that left man with severe brain injury

Date
2021-07-12
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

The Court of Appeal reserved judgment on appeals by Leroy Howard and Stephen Coyle against their sentences for violent disorder arising from an August 2016 attack in Ashbourne, Co Meath. Both men were sentenced to seven and a half years in prison by Judge Martina Baxter in July 2020. Howard, who pleaded guilty to violent disorder and assault causing harm, had the final 12 months of his sentence suspended. Coyle, who was also sentenced for the same offences, had the final two years suspended. Counsel for both appellants argued that the judge erred in law by setting a headline sentence of 10 years, the maximum term for the offence, citing the lack of premeditation, absence of weapons, and short duration of the attack. The DPP opposed the appeals, arguing the violence was not spontaneous and warranted a sentence in the highest range. A separate appeal by Declan Byrne, who was convicted of violent disorder following a trial and sentenced to nine years with the final 12 months suspended, did not proceed due to his last-minute wish to change his legal team. The matter regarding Howard and Coyle remains pending as the court reserved its judgment.

Who, what, where, when and why

What: Report matter: Pair appeal sentences for 'vicious and savage' attack that left man with severe brain injury. Charges or matters: violent disorder following a trial and sentenced to nine years in prison with the final 12 months suspended. Procedural stage: appeal. Findings: Convicted

When:

Case subjects

Declan Byrne

Convicted Person

Charges: violent disorder following a trial and sentenced to nine years in prison with the final 12 months suspended (Proven)

Finding: Convicted

Outcome: Convicted; Declan Byrne (34) of Spencer Dock, Dublin 1, against both conviction and sentence in relation to the same incident, did not proceed due to his last minute wish to change his legal team. Byrne was convicted of violent disorder following a trial and sentenced to nine years in prison with the final 12 months suspended.

Stephen Coyle

Applicant

Charges: violent disorder following a trial and sentenced to nine years in prison with the final 12 months suspended (Alleged Or Contested)

Outcome: Stephen Coyle claim the sentencing judge, Judge Martina Baxter, had erred in law in setting a headline sentence of 10 years in their cases – the maximum term for the offence of violent disorder. Coyle (34) of Lower Oriel Street, Dublin 1, was also sentenced to seven and a half years for the same offences but had the final two years suspended.

Places mentioned

Secondary Mention
Residence
Court Venue
  • Trim
  • Trim Circuit Criminal Court
  • Court of Appeal
Incident

Topics

Stage Appeal Violent Crime

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