The Court of Appeal has quashed Gerard Stokes' sentence for causing serious harm after finding that the sentencing judge failed to place his offending in the exceptional category warranted by a prolonged and premeditated attack in Dundalk.
Stokes and Samantha Campbell were convicted after a jury trial over events on December 5th, 2018. Their principal victim, identified as MG, was assaulted for about three hours after being accused of involvement in missing cocaine.
The court recorded that Campbell initially punched MG before both defendants assaulted her. Stokes then struck MG repeatedly with a hammer. She was forced into a black bin bag and believed she was going to be killed. She ultimately lost her right eye and suffered multiple facial fractures, severe psychological trauma and lasting disruption to her family and daily life.
Stokes had received a headline sentence of 15 years for causing serious harm, reduced to 13 and a half years with the final two years suspended. The Court of Appeal held that his relevant previous convictions, including drug supply, extortion and witness intimidation, should have been treated as aggravating factors.
Mr Justice Patrick McCarthy, delivering the court's judgment, said Stokes' offending belonged in the exceptional category for causing serious harm. The court considered an appropriate headline sentence to be about 17 and a half years. His existing sentence on that count was quashed, with resentencing deferred until further submissions from counsel.
Campbell had received 12 years with the final two years suspended for causing serious harm. She argued that her sentence was excessive, while the DPP argued that it was too lenient.
The court rejected both positions. It found no evidential basis for claims that Campbell acted under Stokes' domination or compulsion and described her as an instigator and enthusiastic participant. However, it held that the trial judge was entitled to distinguish her culpability from Stokes' and that her sentence remained within the permissible margin of discretion.