Glen Douche loses appeal against assault sentence

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

Glen Douche lost his appeal against a three-year assault sentence at the Court of Criminal Appeal on 9 December 2014. Mr. Justice Edwards delivered the judgment.

He had pleaded guilty to two counts of assault causing harm and one count of reckless endangerment. The judgment records that Dublin Circuit Criminal Court sentenced him on 7 December 2013, imposing three years for one assault and taking the other two counts into consideration.

The offences arose from events in Darndale, Dublin, on 11 July 2009. The judgment said Douche arrived after his partner called for assistance and witnessed Anthony Byrne hitting her on the head with a sweeping brush. Douche left but later returned with his co-accused and drove towards a group outside a party, clipping Anthony Byrne’s ankle.

During the ensuing melee, his co-accused, identified as Mr. Howard, stabbed Anthony Byrne and Conor Lunders, causing significant injuries. Douche did not personally stab either man. He accepted responsibility for the assaults through joint enterprise and admitted bringing knives, maintaining that one was for his own protection.

The three-year term was consecutive to a sentence for possession of explosives: nine-and-a-half years with the final two-and-a-half years suspended, dating from 28 June 2010. Douche was on bail for that offence when the assaults and endangerment occurred.

His co-accused also pleaded guilty to both assaults and possession of a weapon with intent to injure. He received five years for the assault on Conor Lunders, with the other matters taken into consideration.

Douche argued that the sentencing approach underestimated the suspended portion of his explosives sentence and gave insufficient weight to his personal circumstances, rehabilitation and children. Written submissions sought partial suspension, while conceding that complete suspension was unjustified; that argument was not pressed orally.

The appeal court found no error of principle. It held that a consecutive sentence was required and that the judge had considered totality, personal circumstances and sentencing options. Douche’s counsel acknowledged that a three-year sentence for these offences was not itself contrary to principle.