Courts / Donegal / Report

Man who twice attacked neighbour's home and tried to escape by swimming to Tyrone has jail sentence doubled

Date
2021-07-21
Stage
Appeal
Primary locality
Lifford
County
Donegal

Summary

A man from Raphoe in County Donegal has had his prison sentence doubled by the Court of Appeal following two attacks on his neighbour's home and an assault that left her with a broken jaw. Leon Kelly was originally sentenced to two-and-a-half years, with twelve months suspended, by Letterkenny Circuit Court in November 2020 for assault causing harm and criminal damage. The Director of Public Prosecutions appealed on grounds of undue leniency. The court heard that Kelly rammed his vehicle into his neighbour's car and home on 13 April 2019, causing €13,000 in damage and breaking the woman's jaw. He subsequently fled across the River Finn into Northern Ireland but was apprehended by the PSNI and returned. Eight days later, he attacked the same property again with his Volkswagen Passat. Mr Justice Patrick McCarthy increased the sentence to three years imprisonment, finding the original term did not reflect the gravity and violence of the offences. Leon Kelly pleaded guilty.

Who, what, where, when and why

What: Report matter: Man who twice attacked neighbour's home and tried to escape by swimming to Tyrone has jail sentence doubled. Charges or matters: assault causing harm on Ms Mitchell and criminal damage to her home at Beechwood Grove, Lifford, Co Donegal on April 13, 2019. Procedural stage: appeal

When:

Case subjects

Leon Kelly

Appellant

Charges: assault causing harm on Ms Mitchell and criminal damage to her home at Beechwood Grove, Lifford, Co Donegal on April 13, 2019 (Admitted)

Plea: Guilty

Outcome: Leon Kelly had been sentenced to two-and-a-half years with 12 months suspended for criminal damage and assault causing harm to Ann Mitchell (62) in November of last year by Letterkenny Circuit Court. Outlining the appeal, counsel for the DPP, Patricia McLaughlin BL, had said that the 18-month sentence imposed on Kelly did not reflect the gravity of the offences or the harm he had done, given that Ms Mitchell suffered a broken jaw and lost a tooth during an unprovoked assault.

Places mentioned

Secondary Mention
Court Venue
  • Court of Appeal
  • Letterkenny
  • Letterkenny Circuit Court
  • Letterkenny Circuit Criminal Court
  • The Circuit Court
Residence

Topics

Stage Appeal Violent Crime

Related court reports

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