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Drunk customer who went on assault "rampage" at lap dancing club loses sentence appeal
Summary
UK national Daniel Rains has lost his appeal against a two-and-a-half-year prison sentence for assaults committed at Club Lapello in Dublin. Rains, a 31-year-old electrician from Manchester, had previously pleaded guilty at Dublin Circuit Criminal Court to assaulting a 21-year-old Mauritian national causing him harm, assault causing harm to another customer, and common assault on two security men on January 26, 2014. Judge Martin Nolan originally sentenced him to two-and-a-half years imprisonment on February 20, 2015. In dismissing the appeal, Mr Justice Garrett Sheehan, sitting with Mr Justice John Edwards and Mr Justice Alan Mahon, stated the sentence was not excessive. The court noted the victim suffered a fractured cheekbone requiring permanent plates and a scar. Although Rains apologized and cited intoxication, the Court of Appeal upheld the trial judge's decision to place the offence on the higher end of the scale and to refuse suspension of any part of the sentence. The court also affirmed the trial judge's refusal to order compensation, as the victim had rejected the offer. Counsel for Rains argued the nightclub breached its duty of care by continuing to serve him alcohol, but the prosecution countered that Rains voluntarily consumed the drinks. The appeal was dismissed, leaving the original custodial sentence intact.
Who, what, where, when and why
What: Report matter: Drunk customer who went on assault "rampage" at lap dancing club loses sentence appeal. Charges or matters: assaulting a 21-year-old Mauritian national causing him harm at Club Lapello, Dame Street, Dublin on January 26 2014; assault causing harm to another customer and common assault to two security men on the same occasion. Procedural stage: appeal
When:
- January 26 2014 Incident
- February 20 2015 Incident
- 2015-10-15 Publication
Case subjects
Appellant
Charges: assaulting a 21-year-old Mauritian national causing him harm at Club Lapello, Dame Street, Dublin on January 26 2014; assault causing harm to another customer and common assault to two security men on the same occasion (Admitted)
Plea: Guilty
Outcome: He was sentenced to two-and-a-half years imprisonment by Judge Martin Nolan on February 20 2015. Dismissing his appeal against sentence today, Mr Justice Garrett Sheehan said the injured party had been leaving Club Lapello on the night in question when Rains approached him and hit him for no reason.
Places mentioned
- Dublin
- Dame Street
- Crossley Road
- Dublin
- Dublin Circuit Criminal Court
- Court of Appeal
Topics
Pubs And Nightclubs Stage Appeal Violent Crime
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