The Court of Appeal has set aside a four-year sentence for a man who assaulted his grandfather and imposed four years’ imprisonment with no part suspended.
The court, in a judgment delivered on 7 July 2016, refused the appellant’s application for a reduction. It said the original sentence’s suspension terms had no realistic prospect of being met. The replacement sentence was backdated to the same date as the Circuit Court had backdated the original sentence.
The appellant had pleaded guilty in Dublin Circuit Criminal Court to assault causing harm, contrary to section 3 of the Non-Fatal Offences Against the Person Act 1997. He was sentenced on 12 June 2015 to four years, with the final year suspended subject to conditions including a €100 bond, engagement with psychiatric and addiction services in prison, and suitable accommodation and medication monitoring on release.
The appeal challenged the sentence as excessive and disputed the sentencing judge’s assessment of the appellant’s ability to manage in the community and work with probation services. It also argued that the suspended portion depended on conditions the appellant could not control and that the sentence was based on anticipated future offending.
The court’s judgment recounted evidence that the assault happened at the family home in October 2013, where the appellant lived with his grandfather and mother. The grandfather, who was almost 95 at the time, said the appellant struck and kicked him and produced scissors. The grandfather suffered facial cuts and bruising, swelling and blood from his ear, as well as bruising to his back, chest and arms. A victim impact statement said he became reluctant to leave home and was nervous about people entering it.
A psychiatric report before the sentencing court said the appellant’s actions were strongly indicative of being driven by active psychotic symptoms. At the appeal hearing, a further report from consultant psychiatrist Dr Mullaney said he remained seriously unwell and needed continuing treatment at the Central Mental Hospital.
The Court of Appeal said certainty about the release date was important for the appellant’s family and for doctors planning his ongoing treatment. It imposed the four-year term without suspension in light of the medical evidence. The judgment does not identify the calendar date to which the sentence was backdated.