The Court of Appeal reduced Alan Healy’s sentence for causing serious bodily harm from nine years to eight years, after finding an error of principle in the original sentencing judge’s 15-year headline sentence. The appeal judgment was delivered by Mr Justice Mahon on 27 July 2015.
Healy had pleaded guilty at Cork Circuit Criminal Court on 31 October 2013 to one count of causing serious bodily harm under section 4 of the Non-Fatal Offences against the Person Act 1997. The original nine-year term was backdated to when he first went into custody.
The court said the assault occurred on 1 April 2013 at Spring Lane, Blackpool, Cork, in Healy’s home. While drinking with Healy and another man, Martin Doyle was struck around the left eye with a bottle or broken glass and suffered serious facial injuries. He required ongoing surgery, including skin grafts, and was left with a permanent injury to his left eye. The third man tried to intervene and was also struck in the head.
After the assault, Healy went to a neighbour’s home and alleged that the third man had attacked Doyle. He also asked the neighbours to come to his home and help Doyle, prompting an ambulance call. When arrested, Healy was severely intoxicated. He said he could not remember the incident, accepted his involvement and expressed remorse. He entered his guilty plea on the first return date.
The appeal argued that nine years was excessive and that the original judge had placed the offence too high on the gravity scale, set an excessive headline sentence and insufficiently accounted for mitigation, rehabilitation and the time since Healy’s previous serious conviction. He had seven previous convictions between 1988 and 2001, including a 1994 rape conviction for which he received six years. The court noted he had been out of trouble for about 11 years before this offence.
The Court of Appeal set the headline sentence at 12 years, then reduced it to account for the early guilty plea, Healy’s efforts to get help for Doyle, his period without further trouble and his remorse. It imposed an eight-year sentence in place of the original term, again backdated to the date he went into custody.
The final 18 months were suspended for two years after release to promote rehabilitation and recognise Healy’s prison conduct and attendance at courses. The suspension is subject to him entering a €100 bond and the usual conditions. The judgment excerpt does not specify those conditions.