Courts / Clare / Report
Security Guard who got wholly suspended sentence for unprovoked attack on woman in her own home is jailed for two years after successful DPP appeal
Summary
In March 2015 the Court of Appeal overturned a wholly suspended three‑year sentence given to Alan Kilmartin, a security guard, for an unprovoked assault on a woman in her Ennis home. Kilmartin had pleaded guilty to assault causing harm on 2 March 2012 and received a wholly suspended sentence in November 2013, suspended for five years. The Director of Public Prosecutions argued the sentence was unduly lenient. Justice Seán Ryan, with Justices John Edwards and Michael Peart, found that while mitigating factors existed, they did not negate the seriousness of the crime. He ordered Kilmartin to serve a two‑year prison term, with the suspended portion remaining. The victim, who wished to remain anonymous, suffered head injuries, fractures and psychological harm. The court also returned a €3,000 compensation offer to Kilmartin.
Who, what, where, when and why
What: Report matter: Security Guard who got wholly suspended sentence for unprovoked attack on woman in her own home is jailed for two years after successful DPP appeal. Charges or matters: assault causing harm to a woman at Lahinch Road, Ennis on March 2, 2012. Procedural stage: appeal
When:
- March 2, 2012 Incident
- November 25, 2013 Incident
- 2015-03-23 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 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 Director of Public Prosecutions successfully argued in the Court of Appeal last month that Kilmartin's sentence was unduly lenient.; Sentencing was adjourned for five months and expert evidence was given which described the condition he was suffering from, Mr Justice Ryan said.
Appellant
Charges: assault causing harm to a woman at Lahinch Road, Ennis on March 2, 2012 (Alleged Or Contested)
Outcome: security guard of a ghost estate, who attacked a woman unprovoked in her home, has been sentenced to two years in in prison following a finding by the Court of Appeal that his wholly suspended three year sentence was "unduly lenient".; Sentencing was adjourned for five months and expert evidence was given which described the condition he was suffering from, Mr Justice Ryan said.
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