Courts / Dublin / Report

State fails in bid to jail man who assaulted four-month-old daughter

Summary

In a Court of Appeal decision on 27 January 2022, the State's application to jail a man for assaulting his four‑month‑old daughter was rejected. The man had previously received a six‑month prison sentence for assaulting his partner in a separate incident. Judge Martin Nolan, in the original sentencing, had said he was "taking into consideration" the attack on the child when imposing the sentence at the Dublin Circuit Criminal Court in March. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. The first assault occurred on 18 September 2019 when the man repeatedly punched his partner while she held their daughter, pushing the child against a wall; the baby vomited and was still vomiting when Gardaí arrived. The unnamed man pleaded guilty.

Who, what, where, when and why

What: Report matter: State fails in bid to jail man who assaulted four-month-old daughter. Charges or matters: a Section 2 assault contrary to the Non-Fatal Offence Against the Person Act in relation to the second incident, and guilty to a Section 3 assault contrary to the same Act in relation to the first incident. Procedural stage: appeal

When:

• September 18, 2019 Incident
• June 12, 2020 Incident
• 2022-01-27 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report