The Court of Appeal has dismissed a challenge by the Director of Public Prosecutions to a four-year prison sentence imposed on Ryan Compton for assault causing serious harm, leaving in place the suspension of its final two years.
Compton had pleaded guilty at the earliest opportunity to the single count. Cork Circuit Criminal Court sentenced him on 11 February 2020. The DPP applied under section 2 of the Criminal Justice Act 1993 for a review on the ground that the sentence was unduly lenient. Its sole appeal ground was that the four-year headline sentence did not reflect the offence’s gravity.
The offence occurred in Cork city centre on 22 March 2019. The Court of Appeal’s judgment said Compton and the injured party, Nigel Walsh, had a troubled history, including hostile messages over several months. They encountered one another earlier that day. Compton went into a shop and bought pointed embroidery scissors. They met again later near the bus station, where Walsh approached Compton and punched him. During the ensuing scuffle, Compton took the scissors from his pocket and stabbed Walsh several times.
Walsh suffered multiple wounds, including a deep chest wound and collapsed lungs. His injuries were described as life-threatening at the time. He was treated in hospital, including in intensive care, and the judgment said he appeared to have recovered. The court noted there was no up-to-date information about him or victim impact statement.
The DPP argued that the offence belonged in the higher end of the middle sentencing range, putting an appropriate headline sentence at eight to nine years. Compton’s side relied on the circumstances, including the months of hostile messages and that Walsh approached and struck first. The judgment described Compton’s use of force as excessive self-defence.
The Court of Appeal said the trial judge was right to place the offence in the middle range because Compton bought and used a weapon and caused serious harm. It also agreed the circumstances placed it at the lower end of that range: the judgment said Compton had not armed himself to attack Walsh, who approached him aggressively. The trial judge was entitled to account for mitigation by suspending part of the sentence, the appeal court said.
The court was not satisfied that the trial judge had made an error of principle or that the DPP had met the standard required for intervention. It dismissed the appeal.