Courts / Wicklow / Report
Man who bit garda in courtroom avoids jail for second time
Summary
Brandon Power, aged 23, avoided a custodial sentence for the second time after the Court of Appeal quashed his original one‑year suspended sentence for biting a Garda's finger, which broke the bone. The appellate court, deeming the original non‑custodial term unduly lenient, ordered a re‑sentencing that would give Power a chance to engage with probation services. Court President Mr Justice George Birmingham announced that Power would now receive a three‑year imprisonment term, suspended in full for two years, and warned that failure to cooperate with probation could lead to a jail sentence. The judge described the offence as a "vicious assault" against a Garda performing duties and noted that positive background reports from the Probation Service indicated Power was making a genuine effort to change. Power had previously pleaded guilty to assaulting Garda Trevor Devereux in March 2018 and was sentenced in April 2019.
Who, what, where, when and why
What: Report matter: Man who bit garda in courtroom avoids jail for second time. Charges or matters: assaulting Gda Devereux and was sentenced by Judge Terence O'Sullivan on April 11, 2019. Procedural stage: appeal
When:
- November 2019 Incident
- December 16 Hearing Or Sentence
- March 31, 2018 Incident
- April 11, 2019 Incident
- 2021-12-20 Publication
Case subjects
Respondent
Charges: assaulting Gda Devereux and was sentenced by Judge Terence O'Sullivan on April 11, 2019 (Admitted)
Plea: Guilty
Outcome: Describing the offence as a "vicious assault which had been carried out against a member of An Garda Siochana performing their duties", Mr Justice Birmingham said the court did not find this an "easy case to deal with". "It was a significant offence that merited a custodial sentence," Mr Justice Birmingham said. "We made it clear that we are of no doubt that the sentence imposed was unduly lenient." Mr Justice Birmingham, however, also said that "positive" background reports from the Probation Service had showed the respondent was "making a genuine effort" to change his ways. Power was being sentenced on another matter when he lashed out and sank his teeth into Garda Trevor Devereux at a hearing of Wicklow Circuit Criminal Court in Bray, Co Wicklow, on March 31, 2018.
Places mentioned
- Court of Appeal
- Wicklow
- Wicklow Circuit Criminal Court
- St Joseph's Road
- Newtownmountkennedy
- Wicklow
Topics
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