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Criminal with 231 previous convictions fails in complaint against 5.5-year jail term

Date
2024-07-17
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

The Court of Appeal has rejected an appeal by Michael Farrell, a convicted person with 231 previous convictions, against his five-and-a-half-year effective prison sentence. Farrell, who pleaded guilty to two counts of assault causing harm in 2022, one count of threatening to kill or cause serious harm in 2021, and possessing a realistic imitation firearm in 2020, argued that the sentencing judge failed to adequately consider his personal circumstances and rehabilitation. The State characterized Farrell as a recidivist criminal. At his original sentencing in December, Judge Elma Sheahan imposed a six-year term with the final six months suspended, noting Farrell's mild intellectual disability resulting from a childhood brain injury. During the appeal, Mr Justice Patrick McCarthy upheld the original sentence, stating that the threat to a female garda was taken very seriously and that Farrell's unprovoked attacks on two prison officers caused significant injuries, including a fractured finger and stitches. The judge acknowledged Farrell's mental age but found no error in the sentencing judge's decision. The court concluded that the cumulative custody period was not excessive and dismissed the contention that the suspended portion was insufficient. Farrell will serve his full term in prison.

Who, what, where, when and why

What: Report matter: Criminal with 231 previous convictions fails in complaint against 5.5-year jail term. Charges or matters: two counts of assault causing harm in 2022, one count of threatening to kill or cause serious harm in 2021 and a fourth count of possessing a realistic imitation firearm in a tree at his home. Procedural stage: appeal

When:

Case subjects

Michael Farrell

Convicted Person

Charges: two counts of assault causing harm in 2022, one count of threatening to kill or cause serious harm in 2021 and a fourth count of possessing a realistic imitation firearm in a tree at his home (Admitted)

Plea: Guilty

Outcome: When sentenced last December, Farrell remarked, "You'd get less for manslaughter," before he was escorted away by prison officers. She sentenced Farrell to six years in prison with the final six months suspended.

Places mentioned

Court Venue
  • Court of Appeal
  • Dublin
  • Dublin Circuit Criminal Court
Residence
  • Montpelier Gardens
  • Infirmary Road
  • Dublin
Facility
  • Mountjoy
  • Mountjoy Prison
  • Cloverhill Prison

Topics

Stage Appeal Violent Crime

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