Courts / Meath / Report
Acceptance of contested allegation that man locked girlfriend in dog cage an error, appeal court finds
Summary
Andrew Smith, a 24‑year‑old mechanic from Navan, pleaded guilty to assault causing harm to his girlfriend Chloe Cherry on 27 October 2013. The original sentence of two‑and‑a‑half years, with six months suspended, was imposed by Judge Michael O'Shea on 18 June 2015. Smith appealed, arguing that the sentencing judge failed to resolve a factual conflict regarding an alleged incident in which he supposedly locked Cherry in a dog cage. The Court of Appeal, led by Mr Justice Alan Mahon, found that the judge had not conducted a "Newton type hearing" and had accepted the victim's account of the dog‑cage allegation as true, an error in principle. Consequently, Smith was re‑sentenced to two years' imprisonment, with 15 months suspended, and was required to enter a good‑behaviour bond for the suspended period. The appeal did not alter any other aspects of the case.
Who, what, where, when and why
What: Report matter: Acceptance of contested allegation that man locked girlfriend in dog cage an error, appeal court finds. Charges or matters: assault causing harm to Chloe Cherry at their home in Wilkinstown, Navan on October 27, 2013. Procedural stage: appeal
When:
- October 27, 2013 Incident
- June 18, 2015 Incident
- 2016-07-05 Publication
Why: Mr Justice Mahon said it was an example of severe domestic violence or abuse made all the worse because the couple had an infant daughter at the time. CNI source report
Case subjects
Appellant
Charges: assault causing harm to Chloe Cherry at their home in Wilkinstown, Navan on October 27, 2013 (Admitted)
Plea: Guilty
Outcome: He was sentenced to two-and-a-half years in prison with the final six months suspended by Judge Michael O'Shea on June 18, 2015. Smith was re-sentenced to two years imprisonment with the final 15 months suspended.
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