The Court of Appeal has dismissed an appeal against a seven-year prison sentence imposed for assault causing harm, finding the term was within the sentencing judge’s discretion and that no error of principle had been established.
Paul L’Estrange had pleaded guilty to assault causing harm and possessing an offensive weapon. On 12 February 2016, the Circuit Criminal Court in Dublin sentenced him to seven years for the assault. The weapon offence was taken into consideration. The appeal court delivered its judgment on 26 May 2017.
The judgment said L’Estrange cut his co-tenant, James McGurk, on the neck with a knife at their North Circular Road house on 15 January 2015. It described the attack as apparently unprovoked and inexplicable. Neighbours helped disarm L’Estrange after the assault, despite his resistance.
McGurk suffered a throat slash that left a scar between six and eight inches long. His victim impact statement said he had been badly affected psychologically, suffered post-traumatic stress disorder, and become fearful, distant and reclusive. His other physical injuries had healed.
L’Estrange argued that the sentencing judge had not explained the sentencing range, starting point or discount for mitigating factors. He also challenged the judge’s suggestion that he intended to murder McGurk, saying there was no evidence to support it, and argued that rehabilitation had not been adequately considered.
The Court of Appeal accepted that the sentencing judge had not specified a headline sentence or the size of any reduction for mitigation. It said the starting sentence, before mitigation, might be assumed to have been about nine or ten years. But the appeal court said a sentence could not be quashed solely because it had not been structured by stating a headline term and then a specific discount.
The court noted L’Estrange’s remorse, alcohol addiction, limited previous convictions, employment prospects and support from his parents. It also said serious, unprovoked violence involving knives generally attracts significant prison terms. The seven-year net sentence was within the sentencing discretion available to the judge, the court concluded, and the appeal was dismissed.