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Violent criminal who attacked former partner on bus and knocked her unconscious avoids jail for second time
Summary
Duane Brady, 36, pleaded guilty in Dublin Circuit Criminal Court to two counts of assault causing harm to his former partner on the number 39 Dublin Bus and on a public street near Blanchardstown Shopping Centre on 13 May 2011. The victim fled the bus, was punched by Brady, lost consciousness and suffered a fractured hand, swelling, bruising and rib abrasion. Brady had 43 previous convictions, including robbery and assault, and a long history of drug and alcohol addiction. On 10 March 2014, Justice Carmel Stewart imposed a wholly suspended two‑year sentence, which the Director of Public Prosecutions described as "unduly lenient." The DPP appealed, arguing the judge erred in imposing a non‑custodial sentence and that the suspension should have been longer. The Court of Appeal, led by Justice George Birmingham, dismissed the appeal, stating that the suspended sentence was appropriate and that incarceration was not warranted at this stage. The case remains at the appellate decision stage.
Who, what, where, when and why
What: Report matter: Violent criminal who attacked former partner on bus and knocked her unconscious avoids jail for second time. Charges or matters: two counts of assault causing harm to his former partner on the number 39 Dublin Bus and on a public street near Blanchardstown Shopping Centre on May 13 2011. Procedural stage: appeal
When:
- May 13 2011 Incident
- March 10 2014 Incident
- 2015-04-27 Publication
Why: One had to engage with her reasons for suspending the sentence with a "degree of deduction," he said, because she simply proceeded to sentence following an adjournment without given reasons. CNI source report
Case subjects
Appellant
Charges: two counts of assault causing harm to his former partner on the number 39 Dublin Bus and on a public street near Blanchardstown Shopping Centre on May 13 2011 (Admitted)
Plea: Guilty
Outcome: Brady was given a wholly suspended two year sentence by Ms Justice Carmel Stewart on March 10 2014, which the Director of Public Prosecutions claimed was "unduly lenient". Counsel for the DPP, Anne-Marie Lawlor BL, submitted to the Court of Appeal today that the trial judge had erred in imposing a non-custodial sentence on Brady and further that the suspension should have been for a much greater period of time.
Places mentioned
- Summerhill
- Clonliffe Road
- Dublin
- Blanchardstown
- Dublin
- Dublin Circuit Criminal Court
- Court of Appeal
Topics
Drugs Stage Appeal Theft Violent Crime
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