The Court of Appeal has dismissed Oisín O’Byrne’s appeal against the severity of his sentence for a serious assault in Dundalk, finding no error in principle in the sentence imposed by the Circuit Criminal Court.
O’Byrne was sentenced on 15 June 2016 to four and a half years in prison, with the final 12 months suspended, for an assault under section 3. The Court of Appeal judgment, delivered ex tempore on 22 January 2018, said the sentence was severe but within the available range. The appeal was dismissed.
The assault took place on 11 September 2014 at Carlinn Hall, Dundalk, and left Ferdinard Murphy with serious injuries. The judgment said O’Byrne struck Murphy in the face, kicked him in the right leg, causing him to fall, and continued to kick and beat him while he was on the ground. Murphy said he feared for his life and pleaded for mercy.
Murphy was taken to Our Lady of Lourdes Hospital in Drogheda. X-rays confirmed a fracture to his right tibia, requiring surgery, and a broken kneecap. He also had bruising and swelling, and bite marks were recorded on his fingers and head. At the time of sentencing, he was still experiencing severe pain and discomfort, had a noticeable limp, and was receiving counselling and medication for psychological symptoms. The judgment said arthritis had developed and knee replacement was under consideration.
O’Byrne’s appeal argued that the sentencing judge had not given enough weight to his guilty plea, lack of previous convictions and positive work record. The Court acknowledged those mitigating factors, noting that he had no previous convictions and pleaded guilty after a jury was sworn. It said, however, that the seriousness of the assault and the lasting effect of Murphy’s injuries warranted a significant sentence.
The judgment records that O’Byrne made admissions to the investigating Garda on the night and later gave a voluntary statement, saying he had little memory of the events. At sentencing, €1,000 was offered as compensation, borrowed by O’Byrne’s mother. The Court of Appeal did not alter the sentence and dismissed the appeal.