Courts / Dublin / Report
Gaisce Award recipient appeals prison sentence for hammer attack
Summary
David Emerson, 31, who had received a Gaisce Award from President Michael D. Higgins two weeks before his imprisonment, has lodged an appeal against his 16‑month custodial sentence for a hammer assault. The incident occurred on 21 June 2012 at Kilshane Cross, Finglas, when Emerson, allegedly under the influence of intoxicants, struck a man with a hammer after being pursued by the property's occupant. He pleaded guilty at Dublin Circuit Criminal Court, where Judge Martin Nolan imposed the sentence on 12 July 2013. Emerson's counsel, Michael Bowman SC, argued that the judge should have considered Emerson's rehabilitation efforts, including his engagement with the Fr Peter McVerry Trust and his stable home environment, and that a suspended sentence would be appropriate. The Court of Criminal Appeal granted bail in July 2013, and the appeal is now pending further hearing. The case remains at the appeal stage, with no final decision yet.
Who, what, where, when and why
What: Report matter: Gaisce Award recipient appeals prison sentence for hammer attack. Charges or matters: assault causing harm to a man at Kilshane Cross, Finglas on June 21, 2012. Procedural stage: appeal
When:
- June 21, 2012 Incident
- July 12, 2013 Incident
- July 2013 Adjournment
- 2016-02-16 Publication
Case subjects
Appellant
Charges: assault causing harm to a man at Kilshane Cross, Finglas on June 21, 2012 (Admitted)
Plea: Guilty
Outcome: Emerson moved to appeal his sentence today on grounds that the judge should not have imposed a custodial sentence in light of his efforts to rehabilitate himself. He said Emerson was granted bail by the Court of Criminal Appeal in July 2013 and he asked the court to impose a suspended sentence having regard to the efforts he had made to rehabilitate himself.
Places mentioned
- Domheath Drive
- Dublin
- Dublin Circuit Criminal Court
Topics
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