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Dublin man has sentence reduced for serious assault of man who was hit by a car and lost his foot
Summary
Joseph Cullen, 46, was convicted of assault causing serious harm to Kevin Byrne, who was hit by a car and lost his foot. Cullen pleaded not guilty to alternative counts of assault causing harm and assault causing serious harm. A jury found him guilty and Judge Patricia Ryan sentenced him to 12 years imprisonment on 20 December 2010. Cullen appealed the conviction but the Court of Appeal upheld the conviction and reduced the sentence to nine years imprisonment. The appeal was based on the argument that the prosecution had not indicated joint enterprise until the closing speech, and that Cullen had no basis to believe he faced both counts. The Court of Appeal found no ambush and that the charges were alternatives, but that the original sentence was too high. The new sentence of nine years was imposed by the Court of Appeal.
Who, what, where, when and why
What: Report matter: Dublin man has sentence reduced for serious assault of man who was hit by a car and lost his foot. Charges or matters: alternative counts of assault causing harm and assault causing serious harm to Mr Kevin Byrne in Finglas on March 2, 2008. Procedural stage: appeal. Findings: Found guilty
When:
- March 2, 2008 Incident
- December 20, 2010 Incident
- 2015-01-20 Publication
Case subjects
Appellant
Charges: alternative counts of assault causing harm and assault causing serious harm to Mr Kevin Byrne in Finglas on March 2, 2008 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; Cullen failed in his appeal against conviction today, but had his sentence reduced to nine years imprisonment by the Court of Appeal. President of the Court of Appeal Mr Justice Seán Ryan, who sat with Mr Justice Edwards and Mr Justice George Birmingham, set aside Cullen's 12 year sentence and imposed a new "appropriate" sentence of nine years imprisonment.
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