Courts / Limerick / Report
Woman was serving suspended sentence when she punched and slashed two men
Summary
Melissa Whelan's appeal against her sentence was dismissed by Mr Justice John Edwards, who ruled the four-year term was proportionate for the May 15, 2023, offences. Whelan, who pleaded guilty at Limerick Circuit Court in April 2024, was convicted of producing an article capable of inflicting serious injury, two counts of Section 2 assault, and two counts of criminal damage. The court found she punched one man and slashed another with a knife while under a partially suspended sentence for a prior 2015 assault. Judge Dermot Sheahan originally sentenced her to four years, with the final two years suspended, and re-activated two years of her previous suspended term to run consecutively, resulting in an effective custody period of four years. The appellate court rejected arguments regarding mental health mitigation, noting the sentencing judge had adequately considered these factors. The appeal was not adjourned; the decision was final, upholding the original disposal and the re-activation of the suspended portion.
Who, what, where, when and why
What: Report matter: Woman was serving suspended sentence when she punched and slashed two men. Charges or matters: producing an article capable of inflicting serious injury, two counts of Section 2 assault and two counts of criminal damage at Clare Street, Limerick on May 15, 2023; the May 2023 offences. Procedural stage: appeal
When:
- April 2024 Incident
- May 15, 2023 Incident
- May 6, 2015 Incident
- April 4, 2017 Other
- May 2023 Other
- June 21, 2024 Hearing Or Sentence
- 2025-06-27 Publication
Case subjects
Appellant
Charges: producing an article capable of inflicting serious injury, two counts of Section 2 assault and two counts of criminal damage at Clare Street, Limerick on May 15, 2023; the May 2023 offences (Alleged Or Contested)
Outcome: John Edwards dismissed the appeal, saying Melissa Whelan attacked her victim with a potentially lethal weapon. (Photo: Collins) By Fiona Magennis The daughter of a convicted murderer has failed to have her four-year sentence reduced on appeal after she punched one man and slashed another with a knife in an "unprovoked" attack whilst under a partially suspended sentence for a brutal assault that left the victim in an induced coma. The judge said Whelan had previously been given a "significant chance" but had failed to adhere to the conditions on which that sentence had been part suspended. "The whole point of a suspended sentence is to hold a "Sword of Damocles" over an offender," he said. "The sentencing judge fully took into account the difficult circumstances of the appellant's case and reflected that in the decision not to have her serve the full four and a half years but rather to require her to serve just two years of that." Mr Justice Edwards said the judge had sought to balance
Appellant
Charges: producing an article capable of inflicting serious injury, two counts of Section 2 assault and two counts of criminal damage at Clare Street, Limerick on May 15, 2023; the May 2023 offences (Admitted)
Plea: Guilty
Outcome: Whelan was previously jailed for seven and a half years for causing serious harm after she assaulted a recovering road crash victim, striking him in the face with a bottle and punching and kicking him several times before dragging him outside the house party they were attending in Limerick on May 6, 2015. Whelan had originally been sentenced to twelve years with the final three suspended by Judge Thomas O'Donnell on April 4, 2017 but this was quashed and replaced on appeal with a sentence of twelve years with four and a half years suspended.
Places mentioned
- Sarsfield Park
- Limerick
- Clare Street
- Limerick
- Limerick Circuit Court
Topics
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