The Court of Appeal has dismissed C.D.’s appeal against the severity of her sentence for violent disorder, finding no error in principle in the Dublin Circuit Court’s decision to impose three years’ detention with the final 15 months suspended.
The judgment, delivered on 4 October 2016, said the offence arose from a group attack in Dublin’s Temple Bar area at about 5am on 23 July 2014. The injured party, a young Brazilian man, could give only a limited account. CCTV footage showed C.D. playing a significant role; an investigating garda described her as the main assailant and told the Circuit Court she delivered 15 kicks to his head.
The man was taken to hospital by ambulance. He suffered two black eyes, a swollen nose and face, and soreness to his ribs and stomach. He missed a week of college and told the court the injuries affected his ability to seek work and fund his studies. The judgment also referred to psychological effects, including nervousness and loss of confidence. His wallet, Brazilian identity card, bank cards and €20 were missing after the incident.
C.D. was 16 at the time of the offence and just short of 18 when sentenced. The judgment said she identified herself in footage after initially telling gardaí she did not remember the incident, expressed regret and later entered an early plea. At sentencing, the defence sought a non-custodial sentence, citing her age, personal circumstances, cooperation, remorse and steps towards reform. The Circuit Court judge concluded that custody was necessary, given the seriousness of the offending and her record, and suspended 15 months of the three-year term.
The appeal court agreed that the sentencing judge had properly considered whether custody could be avoided. It cited the group nature of the attack, its unprovoked character, C.D.’s role, blows and kicks delivered while the injured party was on the ground, and the physical and psychological effects. It said the sentence could be regarded as lenient and that it took account of mitigating factors, including her age, difficult upbringing and indications of improved behaviour.
The court said an updated probation report showed C.D. had used her time in custody constructively. It did not identify an error in principle, however, and dismissed the appeal. It directed the registrar to provide a copy of the report to the prison governor and the Director of the Irish Prison Service.