The Court of Appeal has upheld a three-year prison sentence imposed on Darren Byrne for an unprovoked assault in a Clondalkin pub which left another man permanently disfigured after a substantial portion of his ear was bitten off.
Byrne pleaded guilty to assault causing harm and was sentenced at Dublin Circuit Criminal Court on 24 February 2015. The offence occurred at the Village Inn in Clondalkin on 23 June 2012.
CCTV showed Byrne approaching the bar while the victim was there with friends and family. After the victim spoke to him, Byrne punched him in the face. The victim, taken by surprise, struck Byrne back and initially believed the incident had ended.
Byrne then grabbed him by the neck. Security staff intervened, at which point the victim realised that part of his right ear was missing. Attempts at hospital to reattach the severed portion were unsuccessful. The victim later reported continuing anxiety and depression, as well as adverse effects on his personal life and career prospects.
Byrne challenged the three-year sentence on several grounds. His lawyers relied on his lack of previous convictions for violence, his health problems and his offence-free period of almost three years before sentencing. The court heard that Byrne had previously been diagnosed with Hepatitis C and mouth cancer, which was in remission, and continued to experience depression.
One factual mistake by the sentencing judge was also raised. The judge initially said Byrne had been intoxicated during the assault, despite there being no evidence of this. When corrected, however, the judge apologised and said it did not alter his view of the appropriate sentence.
The Court of Appeal found no error of principle. It agreed that the unprovoked attack, permanent disfigurement and serious consequences placed the offence at the highest end of the scale for assault causing harm, which carries a five-year maximum sentence.
The appeal was dismissed and the three-year term remained in place.