The Court of Appeal has reduced the prison sentence imposed on Michael Prendergast for an assault during a football match which left another player with catastrophic damage to his left eye.
Prendergast pleaded guilty at Castlebar Circuit Court to assault causing harm to Jonathan Clarke on September 14, 2013. He was originally sentenced to two years in prison, with the final 12 months suspended.
The central problem on appeal was not whether the assault occurred, but how it should have been understood when assessing Prendergast’s culpability.
Clarke described an entirely unprovoked, off-the-ball punch. The referee’s report gave a different context, stating that the two players were fighting and tackling for the ball before Prendergast swung out and struck Clarke in the face.
The prosecution accepted in the Court of Appeal that sentencing should proceed on the referee’s account. The appeal court found that the Circuit Court judge had instead sentenced on the injured party’s description, including comparing the incident to a street assault. That amounted to an error of principle, although the appeal court stressed that no fault attached to the sentencing judge because the correct basis had not been made clear to him.
Clarke’s injuries remained extremely serious. Emergency surgery failed to restore his sight and he described himself as effectively blind in his left eye. He also faced concerns about driving and the impact on his working life.
The Court of Appeal held that immediate imprisonment was still warranted. However, Prendergast was entitled to be treated differently from someone responsible for a wholly unprovoked off-the-ball attack.
The court also took account of his guilty plea, compensation paid, favourable probation assessment and strong character references.
It quashed the original sentence and imposed 12 months’ imprisonment backdated to October 16, 2015, suspending the balance from December 8, 2015 on condition that Prendergast complete 100 hours of community service within 12 months.