The Court of Appeal set aside Glen Kiely’s sentence for violent disorder and replaced it with three and a half years in prison, with the final two years suspended. The original sentence suspended the final year. The court did not suspend the remaining balance of the sentence.
Kiely had pleaded guilty to violent disorder under section 15 of the Criminal Justice (Public Order) Act 1994. The offence arose from an attack near Balbutcher Lane, Ballymun, on 27 November 2013. The judgment says a young man who later declined to make a complaint to gardaí was attacked by three men, including Kiely. Kiely was believed to have been wearing a knuckleduster and carrying a hurley that was thrown at the injured man, who received a severe beating.
The sentencing court had imposed the original sentence after considering mitigation that included Kiely’s efforts to address a serious drug addiction, a completed detoxification programme, letters of apology and a work placement at Dogs Trust. The Court of Appeal also had new documents showing that he was engaging with psychology services in Mountjoy Prison, had completed food safety and personal development courses, and had a job available on release.
The appeal court said it found no error in the sentencing judge’s decision to impose imprisonment despite those efforts. It did, however, find that the judge had not identified the starting point for the sentence, leaving the appeal court to speculate about the sentence before mitigation was taken into account. It also held that insufficient credit had been allowed for mitigation that both sides accepted was significant.
The court said the seriousness of the offending meant it could not grant the request to suspend the balance of the sentence. Instead, it increased the suspended portion by one year. The two suspended years are subject to Kiely keeping the peace and being of good behaviour for two years after release, and to Probation Service supervision during that period. The judgment states that a breach could result in him returning to prison for two years in respect of this offence.