Pregnant 18-year-old lost violent disorder sentence appeal

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

A pregnant 18-year-old lost her appeal against the severity of her violent disorder sentence at the Court of Appeal on 4 October 2016. The three-year prison sentence, with the final 15 months suspended, remained in place.

She had pleaded guilty at Dublin Circuit Criminal Court to violent disorder. The proceedings were reported on 4 October 2016. The offence occurred in Dublin’s Temple Bar area on 23 July 2014, when she was 16. Judge Martin Nolan imposed the sentence on 29 June 2016.

Her barrister, Luigi Rea BL, asked the appeal court to suspend the balance of her sentence. Mr Justice George Birmingham said the incident involved a confrontation at approximately 5am between seven youths and a Brazilian national who had recently arrived in Ireland as a student.

CCTV showed her delivering 15 kicks or stamps to the student’s head. Mr Justice George Birmingham said that, although she did not remember the incident, she identified herself when shown the footage after her arrest and said she was sorry. The report said she had 26 previous convictions.

The report listed aggravating factors including the group’s involvement, blows delivered while the victim was on the ground and repeated kicks and stamps to his head. He suffered physical and psychological effects, but no long-term damage.

Her age was central to sentencing under the Children’s Act. Mr Justice George Birmingham said the sentencing judge had fully considered her age and difficult upbringing, indicated by Tusla’s involvement. The sentencing judge had treated reform as the paramount concern, but concluded that her conduct and record required imprisonment.

Mr Justice George Birmingham said the appeal court could not conclude that the sentencing judge had erred in finding custody inevitable. Sitting with Mr Justice Garrett Sheehan and Mr Justice Alan Mahon, he said the court could identify no error in principle and dismissed the appeal.