Courts / Cork / Report
Man who stomped on man's head repeatedly in "excessive self-defence" case has jail term cut by seven years
Summary
Michael Butler, aged 33, was convicted of serious assault for stomping on the head of Billy Barry in Cork on 25 July 2010. He had pleaded not guilty but was found guilty by a jury at Cork Circuit Criminal Court and sentenced to 15 years imprisonment by Judge Seán Ó Donnabháin on 2 March 2012. Butler appealed the conviction but the Court of Appeal upheld the conviction. The Court of Appeal, however, reduced the 15‑year sentence to eight years, citing that the assault was an instance of "excessive self‑defence". The court noted that Butler was attacked with a knife twice, that he saw his mother and girlfriend being assaulted, and that he was acting in a context where armed men had appeared. The judge stated that the original sentence did not adequately consider the surrounding circumstances and that the incident was not created by Butler.
Who, what, where, when and why
What: Report matter: Man who stomped on man's head repeatedly in "excessive self-defence" case has jail term cut by seven years. Charges or matters: assault causing serious harm to Mr Billy Barry on Roman Street, Cork City, on July 25, 2010. Procedural stage: appeal. Findings: Found guilty
When:
- July 25, 2010 Incident
- March 2, 2012 Incident
- 2015-01-20 Publication
Case subjects
Appellant
Charges: assault causing serious harm to Mr Billy Barry on Roman Street, Cork City, on July 25, 2010 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; He was found guilty by a jury at Cork Circuit Criminal Court and sentenced to 15 years imprisonment by Judge Seán Ó Donnabháin on March 2, 2012. Butler failed in his appeal against conviction today but successfully had his 15-year sentence reduced to eight by the Court of Appeal.
Places mentioned
- Court of Appeal
- Cork
- Cork Circuit Criminal Court
- Roman Street
- Cork City
- Roman Street
Topics
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