David Emerson wins appeal over hammer assault sentence

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

David Emerson had his 16-month sentence for assault causing harm set aside by the Court of Appeal on 3 March 2016, with a fresh sentence to be imposed.

He had pleaded guilty to assault causing harm contrary to section 3 of the Non Fatal Offences Against the Person Act 1997. Dublin Circuit Criminal Court imposed the 16-month prison sentence on 12 July 2013. The assault occurred at Peachfield, Kilshane Cross, Finglas, on 21 June 2012, and involved a hammer strike to the injured man’s head.

Mr. Justice Sheehan delivered the appeal judgment. The appeal court found that the sentencing judge had not adequately considered suspending part of the sentence. Emerson’s counsel had argued that insufficient credit was given for his early guilty plea and rehabilitation programmes.

The proceedings were reported on 3 March 2016.