The Court of Appeal has ordered Colin O’Callaghan to serve further time in prison for an unprovoked glass attack which left a 22-year-old man needing about 100 stitches.
O’Callaghan had pleaded guilty at Cork Circuit Criminal Court to assault causing harm and production of an article capable of inflicting serious injury. The offences occurred at the Catwalk Bar on Princes Street, Cork, on September 9, 2013. The injured man was Jonathan Calnan of Ballyvolane.
The original sentence was two years’ imprisonment, but all except the seven days O’Callaghan had already spent in custody was suspended for two years. The Court of Appeal had already ruled that this was unduly lenient and this judgment dealt with resentencing.
The court described the assault as violent, unprovoked and unexpected. A glass was used as a weapon and Mr Calnan sustained a severe laceration requiring around 100 stitches.
There were mitigating factors. O’Callaghan had pleaded guilty, was assessed as having a low risk of reoffending and had good employment prospects. Just under €5,000 had also been offered and accepted as part compensation, with O’Callaghan selling his car to contribute.
However, he was not a first-time offender. The court recorded eight previous convictions, including one involving personal violence. It concluded that an assault of this seriousness ordinarily required actual imprisonment and that the Circuit Court sentence should originally have included at least 12 months in custody.
By the time of resentencing, O’Callaghan had been at liberty for about a year, had secured long-term employment and had been promoted. His personal circumstances had also changed, including the breakdown of a relationship and twice-weekly access to his young daughter.
Taking those developments into account, the court imposed 18 months with the final 15 months suspended for two years. After credit for seven days already served, the judgment calculated the remaining custodial period at two months and three weeks.