David Murphy resentenced by Court of Appeal for assault causing harm

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

The Court of Appeal resentenced David Murphy to three-and-a-half years in prison, suspending the final two years, after a State appeal against his original sentence.

Murphy had pleaded guilty at Dublin Circuit Criminal Court to assault causing harm. The offence happened on Slade Road, Saggart, on 21 March 2015. The proceedings were reported on 22 July 2020.

The court heard that a taxi driver had collected Murphy and a woman in Clondalkin. As they travelled along Slade Road, Murphy pulled the handbrake and smashed a beer bottle over the driver's head. He then threatened to stab the driver with the remains of the bottle if he did not get out. Murphy and the woman eventually left, and the driver escaped.

Judge Pauline Codd originally imposed a three-and-a-half-year sentence, suspending the final two years and nine months in light of mitigation. The Director of Public Prosecutions appealed to the Court of Appeal, arguing that the sentence was unduly lenient.

For the DPP, Derek Cooney BL said the suspended portion was at issue. Sarah-Jane O’Callaghan BL, for Murphy, argued that the suspension was a real punitive sentence and had been made legitimately.

Justice Patrick McCarthy delivered judgment, finding that the extent of the suspension was unjustified, a significant departure from the norm and unduly lenient. The court quashed the original sentence and imposed the revised sentence.