The Court of Appeal has dismissed Patrick Kinsella’s appeal against the severity of a four-year prison sentence for endangerment, finding no error in the sentencing judge’s approach. It also rejected his argument that part of the sentence should have been suspended.
The appeal concerned a sentence imposed on 3 March 2023. The trial judge set a global headline sentence of six years and reduced it to four years for endangerment. An assault causing harm count was taken into consideration. Kinsella was also disqualified from holding a driving licence for four years for driving without insurance.
The court’s judgment recounts that on 21 June 2022, the injured party, who was homeless and sleeping rough, went with Kinsella in his car after an arrangement that she could stay there that night. An argument about money broke out. After Kinsella struck a kerb and a tyre was damaged, he blamed her, shouted, threw things and threatened to kill her, the judgment says.
When she tried to leave the car, Kinsella increased its speed while she was partly out of the passenger door, dragging her along the road. Gardaí saw the car break a red light and pursued it. The injured party fell onto the road as the car turned at a roundabout. The judgment says her shoes were worn through and she had cuts to her feet and injuries to an ankle. A medical report and impact statement were before the sentencing court.
Kinsella pleaded guilty to endangerment, assault causing harm and driving without insurance. He appealed, arguing that the six-year headline sentence was too high and that the reduction did not sufficiently account for mitigation. He also submitted that some of the term should have been suspended to support rehabilitation, citing his progress in custody and possible future work in the equestrian trade.
The prosecution argued that the offending involved serious aggravating factors, including the injured party’s vulnerability, the abuse of trust in offering her shelter, the increased speed as she tried to leave, and the threat to kill her. It said the two-year reduction represented a significant discount.
The Court of Appeal said the six-year headline was imposed globally and the assault count involved blows, threats and thrown objects. It described the increased speed and continuing to drive with the injured party hanging out of the car as significant aggravating factors. The court also noted Kinsella’s previous record of 174 convictions and said the sentencing judge had acknowledged mitigation while accounting for the progressive loss of mitigation associated with that record.
The appeal was dismissed. The four-year prison sentence and four-year driving disqualification therefore remain in place.