Courts / Waterford / Report
Suspended sentence for biting part of man's ear off in 'brutal and appalling' fight is upheld
Summary
Paul Dundon, 39, received a fully suspended sentence of three years and three months for biting part of Dean Kelly's ear off during a vicious fight outside a Waterford nightclub on 27 June 2018. The Court of Appeal upheld the judge's decision to suspend the entire sentence, noting Dundon's nine prior convictions and a later fully suspended sentence for a separate incident. The appeal argued the sentence was unduly lenient, citing the permanent disfigurement of Kelly's ear and Dundon's late guilty plea. The court found the judge had correctly weighed mitigation factors such as Dundon's remorse, apology letter, fatherhood, good work history, low reoffending risk and counselling attendance. The appeal was dismissed, with the court affirming the suspended sentence was not unduly lenient despite the brutal nature of the assault.
Who, what, where, when and why
What: Report matter: Suspended sentence for biting part of man's ear off in 'brutal and appalling' fight is upheld. Charges or matters: assault causing harm to Dean Kelly at the nightclub on John's Street, Waterford City, in the early hours of June 27, 2018. Procedural stage: appeal
When:
- June 27, 2018 Incident
- 2024-05-13 Publication
Case subjects
Defendant
Charges: assault causing harm to Dean Kelly at the nightclub on John's Street, Waterford City, in the early hours of June 27, 2018 (Admitted)
Plea: Guilty
Outcome: Last December at Waterford Circuit Criminal Court, Paul Dundon (39) was handed a suspended sentence of three years and three months by Judge Eugene O'Kelly for the assault. Conor O'Doherty BL, for the DPP, submitted that "the learned trial judge erred in principle in attaching undue weight to the question of rehabilitation and the personal circumstances of the respondent which did not warrant the suspension in the entirety of the sentence imposed." Mr O'Doherty said the assault was a "nasty and vicious" one that resulted in Mr Kelly sustaining "permanent injury or disfigurement" to his right ear.
Places mentioned
- Court of Appeal
- Waterford
- Waterford Circuit Criminal Court
- John's Street
- Waterford City
Topics
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