Courts / Cork / Report
On-bail offender fails in bid to overturn sentence for robbery of woman (93) left with 'life-changing injuries'
Summary
The Court of Appeal has dismissed the appeal by Damien Long, 44, of Ard Bhaile, Mayfield, Cork, against his sentence for the robbery of a 93-year-old woman on 9 November 2022. Long, who was on bail at the time of the offence, had previously pleaded guilty at Cork Circuit Court. He was sentenced to ten years in prison, with the final year suspended, for the robbery at Charlemont Terrace, Wellington Road, Cork. His co-accused, Damian Fitzgerald of Inniscarra Road, Fairhill, Cork, was sentenced to nine years in prison. The victim suffered life-changing injuries, including multiple pelvic fractures, after being dragged along the road while resisting the theft of her handbag. Mr Justice Michael McGrath, delivering the judgment, stated that the sentencing judge had acted within her discretion by placing the offence in the highest category. He noted that the attack was premeditated and targeted an elderly, isolated woman, making injury foreseeable. The court rejected defence arguments that Long's role was minor, noting he was on a suspended sentence for a previous robbery at the time. The judge also chose not to activate any portion of Long's suspended sentence for that other offence. The appeal was refused, and Long will continue to serve his nine-year effective jail term.
Who, what, where, when and why
What: Report matter: On-bail offender fails in bid to overturn sentence for robbery of woman (93) left with 'life-changing injuries'. Procedural stage: appeal
When:
- 9 November Hearing Or Sentence
- 9 November 2022 Incident
- 2024-10-21 Publication
Why: "The principle of deterrence was very important, not just in general but for him because of his previous convictions," said Ms McGillicuddy, adding that any credit he deserved for his lower role in the incident was cancelled out by the fact that he was on a suspended sentence at the time. CNI source report
Case subjects
Appellant
Outcome: Damian Fitzgerald of Inniscarra Road, Fairhill, Cork, was also sentenced to nine years in prison.
Appellant
Outcome: Long was sentenced to ten years with the final year suspended for the robbery of the woman at Charlemont Terrace, Wellington Road, Cork, on 9 November 2022, while his co-accused, Damian Fitzgerald of Inniscarra Road, Fairhill, Cork, was also sentenced to nine years in prison. The judge imposed a sentence on the current case but chose not to activate any portion of Long's suspended sentence for the other offence.
Places mentioned
- Court of Appeal
- Cork
- Cork Circuit Court
- Charlemont Terrace
- Wellington Road
Topics
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