Judgment: 2015-07-21 · Court archive

Appeal court cuts nurse assault sentence to 15 months in custody

The Court of Appeal found the original sentence started from too high a seriousness level, quashed it and imposed a new sentence with nine months suspended.

The Court of Appeal ·

Who, what, where, when and why

Who
  • Samantha Corbett (Appellant)
  • Eithne O’Flynn
What

The Court of Appeal found the original sentence started from too high a seriousness level, quashed it and imposed a new sentence with nine months suspended.

Where

Places mentioned in the report

  • Mercy University Hospital
When

Judgment:

Other dates in the report
  • 26 July 2014

    Corbett had pleaded guilty to one count under section 3 of the Non-Fatal Offences against the Person Act 1997. The offence occurred on 26 July 2014, when she was a patient awaiting treatment in the emergency department at the Mercy University Hospital. The judgment says she punched staff nurse Eithne O’Flynn, who fell under a trolley. Corbett was highly intoxicated and later told gardaí she could not remember the incident, adding that if she had done it, she was disgusted with herself.

Why

Reasons reported in the judgment

The sentencing judge imposed three years, with the final year suspended, after treating the offence as being at the higher end of seriousness. The Court of Appeal held that assessment was too high. It said the assault was a single blow, without a weapon or premeditation, and set a four-year headline sentence before mitigation. It considered a two-year reduction appropriate for mitigation, including the early guilty plea, remorse and Corbett’s difficult personal circumstances.

The Court of Appeal quashed Samantha Corbett’s three-year sentence for assault causing harm to a nurse and resentenced her to two years, with nine months suspended. The order leaves 15 months to be served in custody, subject to conditions on the suspended portion.

Corbett had pleaded guilty to one count under section 3 of the Non-Fatal Offences against the Person Act 1997. The offence occurred on 26 July 2014, when she was a patient awaiting treatment in the emergency department at the Mercy University Hospital. The judgment says she punched staff nurse Eithne O’Flynn, who fell under a trolley. Corbett was highly intoxicated and later told gardaí she could not remember the incident, adding that if she had done it, she was disgusted with herself.

O’Flynn’s victim impact statement described a serious neck injury, ongoing pain and effects on her family life and nursing career. The appeal judgment records that a medical report described an injury to her spine and said she had been fortunate not to sever it.

The sentencing judge imposed three years, with the final year suspended, after treating the offence as being at the higher end of seriousness. The Court of Appeal held that assessment was too high. It said the assault was a single blow, without a weapon or premeditation, and set a four-year headline sentence before mitigation. It considered a two-year reduction appropriate for mitigation, including the early guilty plea, remorse and Corbett’s difficult personal circumstances.

The appeal court rejected the other grounds. It found the sentencing judge had given sufficient consideration to mitigation and rehabilitation, and that general deterrence was a legitimate sentencing aim for assaults on frontline workers. It also found the judge was entitled to refuse an adjournment sought so Corbett could take up a place on a residential alcohol treatment course.

In resentencing, the court suspended nine months of the two-year term. The suspension was conditional on a €100 bond to keep the peace and be of good behaviour, continued engagement with addiction counselling while in custody, and compliance with probation and welfare directions after release. The suspension applies for the unserved balance of the 15-month custodial term and a further two years after release.

Read the original court judgment

Something looks wrong?

Highlight the relevant passage or flag this article for review. Review requests do not immediately change the report.

Email a correction request

Request a review