Courts / Waterford / Report

Garda attacker wishes judges a 'Happy Christmas' after they cut his jail time

Date
2021-12-20

Stage
Appeal

Primary locality
Waterford

Summary

Dean Flynn, 25, a repeat offender with 55 convictions, had pleaded guilty to assaulting Garda Stephen Noonan and Garda Mark O'Dwyer after breaching a court order that barred him from his mother's house. The original sentence, imposed by Judge Eugene O'Kelly, was five years for the assault on Noonan and five months for the assault on O'Dwyer, both to run concurrently. Flynn's lawyers appealed, arguing the headline sentence was too high and the one‑year discount insufficient. The Court of Appeal quashed the original sentence and imposed a new term of three years and three months. Mr Justice Patrick McCarthy, sitting with Judges George Birmingham and Aileen Donnelly, re‑sentenced Flynn to four years imprisonment with nine months suspended, citing the early guilty plea and Flynn's suitability for rehabilitation. Flynn, after being asked to enter a good‑behaviour bond, wished the judges a 'Happy Christmas' before being led away.

Who, what, where, when and why

What: Report matter: Garda attacker wishes judges a 'Happy Christmas' after they cut his jail time. Charges or matters: a Section 3 assault contrary to the Non-fatal Offences Against the Person Act, against Gda Noonan and to a Section 2 assault, contrary to the same act, against Gda O'Dwyer. Procedural stage: appeal

When:

November 2019 Incident
Christmas Incident
2021-12-20 Publication

Case subjects

Dean Flynn

Defendant

Charges: a Section 3 assault contrary to the Non-fatal Offences Against the Person Act, against Gda Noonan and to a Section 2 assault, contrary to the same act, against Gda O'Dwyer (Admitted)

Plea: Guilty

Outcome: Lawyers for Flynn appealed the sentence imposed on the Section 3 charge on the grounds that the sentencing judge's initial headline sentence of five years had been "too high". Today, the Court of Appeal agreed to quash the original sentence and jailed Flynn for three years and three months instead.