Courts / Clare / Report
Suspended sentence for security guard who carried out unprovoked attack on woman in her own home was too lenient, court finds
Summary
In March 2015 the Court of Appeal ruled that the wholly suspended three‑year sentence imposed on security guard Alan Kilmartin for an unprovoked assault on a woman in her Ennis home was unduly lenient. Kilmartin, 35, had pleaded guilty to assault causing harm on 2 March 2012 and had been given a wholly suspended sentence by Judge Carroll Moran on 25 November 2013, suspended for five years on conditions. The Court of Appeal, led by Mr Justice Seán Ryan, found that the sentence did not reflect the seriousness of the attack, which involved Kilmartin striking the victim's head with a metal implement, causing head injuries, fractures to her fingers and thumb, and psychological trauma. The court adjourned sentencing to 23 March 2016, where a new sentence would be imposed. The decision was based on the Court's view that a wholly suspended sentence was inappropriate for the gravity of the offence.
Who, what, where, when and why
What: Report matter: Suspended sentence for security guard who carried out unprovoked attack on woman in her own home was too lenient, court finds. Charges or matters: assault causing harm to a woman at Acha Bhaile, Lahinch Road, Ennis on March 2, 2012. Procedural stage: appeal
When:
- March 2, 2012 Incident
- November 25 2013 Incident
- March 23 Adjournment
- 2015-03-09 Publication
Why: He acknowledged Kilmartin's guilty plea and noted it was less valuable than might otherwise had been because of the strong evidence against him. CNI source report
Case subjects
Appellant
Charges: assault causing harm to a woman at Acha Bhaile, Lahinch Road, Ennis on March 2, 2012 (Admitted)
Plea: Guilty
Outcome: He was given a wholly suspended three year prison sentence, suspended for five years on conditions, by Judge Carroll Moran on November 25 2013. The court will impose a new sentence on him on March 23 next.; Sentencing was adjourned for five months and expert evidence was given which described the condition he was suffering from, Mr Justice Ryan said.
Places mentioned
Topics
Related court reports
- Tech worker couldn't meet heating bills after €150k salary went unpaid for months, WRC hears
- 'Some crimes you can't walk away from': pair high on laughing gas when they randomly attacked woman
- Former accountant went on 'nationwide tour' with bank card stolen from hospital patient
- Five years for man who killed pensioner with 'MMA' back spin kick
- Young man who killed pensioner with 'MMA' back spin kick remanded in custody
- Young man killed pensioner with 'back spin kick like MMA'
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request