Eric Harcourt loses appeal over endangerment sentence

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

Eric Harcourt’s appeal against his endangerment sentence was dismissed by the Court of Appeal on 1 December 2017. Delivering judgment, Mr Justice Mahon said the court found no error of principle and considered the sentence fair, reasonable and proportionate.

On 2 February 2016, a jury at Dublin Circuit Criminal Court unanimously found Harcourt guilty of endangerment and unlawful use of a mechanically propelled vehicle. On 5 February 2016, he was sentenced to four years’ imprisonment for endangerment, with the final 18 months suspended on conditions. The vehicle charge was taken into consideration.

The sentence was to begin after an earlier sentence of four years and six months, with its final 12 months suspended, which had been imposed on 8 December 2015. The consecutive sentences resulted in a cumulative custodial term of six years from that date.

The judgment said that, on 23 September 2014, a driver accelerated as a garda approached a parked car in Darndale, Dublin. The car brushed against the garda and sped away. The garda was not injured, and the only evidence against Harcourt was identification evidence from three gardaí.

Harcourt argued that the sentencing judge had failed to apply the principles of totality and proportionality. His appeal emphasised that nobody had been injured. His separate appeal against conviction had been dismissed in March 2017.