Courts / Louth / Report

State loses appeal against Dundalk man's sentence for "horrific" assault on daughter

Date
2016-04-11
Stage
Appeal
Primary locality
Dundalk
County
Louth

Summary

Cathal Gartland, 42, of Dundalk, was sentenced to five years' imprisonment for assaulting and threatening to kill his daughter while in possession of a Magnum hand‑gun. The Dundalk Circuit Criminal Court, Judge Michael O'Shea, imposed the sentence on 20 May 2015, with lesser sentences running concurrently. The Director of Public Prosecutions appealed, arguing the sentence was "unduly lenient", but the Court of Appeal dismissed the application, stating the sentence lay within the margin available to the sentencing judge. Judge Garrett Sheehan explained that Gartland had assaulted his youngest daughter after learning she was intoxicated and behaving inappropriately. He slapped her, used a .357 calibre Magnum Smith and Wesson, threatened to drown, kill and kneecap her, and forced her into a taxi. The daughter sustained multiple injuries, required crutches for four months, and later was taken to hospital. Gartland had prior convictions for firearms possession and assault. Cathal Gartland pleaded guilty.

Who, what, where, when and why

What: Report matter: State loses appeal against Dundalk man's sentence for "horrific" assault on daughter. Charges or matters: assault causing harm, possession of a firearm and making a threat at various locations in Dundalk on February 8, 2014; assault causing harm and in 2009, he was convicted of producing an article during the course of a fight, among other previous convictions. Procedural stage: appeal. Findings: Convicted

When:

Case subjects

Cathal Gartland

Appellant

Charges: assault causing harm, possession of a firearm and making a threat at various locations in Dundalk on February 8, 2014; assault causing harm and in 2009, he was convicted of producing an article during the course of a fight, among other previous convictions (Proven)

Plea: Guilty

Finding: Convicted

Outcome: Convicted; He was sentenced at Dundalk Circuit Criminal Court to five years imprisonment by Judge Michael O'Shea on May 20, 2015. However, there were factors in Gartland's favour such as his engagement with counselling services and attendance at Cuan Mhuire treatment centre. "The sentence imposed, while undoubtedly lenient, was within the margin" the Court of Appeal was "required to afford the sentencing judge," he said.

Places mentioned

Residence
Incident
Court Venue
  • Dundalk
  • Dundalk Circuit Criminal Court
  • Court of Appeal
  • Special Criminal Court

Topics

Stage Appeal Violent Crime

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