Stephen Brophy’s sentence cut on appeal for violent disorder
This report is a localnews.ie summary based on public court reporting and records; sources are listed below.
The Court of Appeal cut Stephen Brophy’s sentences for violent disorder and assault causing harm on 25 October 2018.
At Nenagh Circuit Criminal Court on 20 April 2017, Brophy had been sentenced to four years for violent disorder and three years for assault causing harm. The sentences were consecutive, with the final two years of the combined term suspended.
The prosecution arose from a feud between families in Ashbury View, Roscrea, County Tipperary.
The Court of Appeal held that consecutive sentences were inappropriate and that their length would have breached the totality principle even if they had been concurrent. Mr Justice McCarthy delivered the judgment.
The court quashed the original sentences and substituted concurrent terms of four years for violent disorder, with the final two years suspended, and three years for assault causing harm, with the final year suspended.
The suspensions retained the Circuit Court conditions, with the post-release period reduced from seven years to two. These included a bond to keep the peace and be of good behaviour and a condition that Brophy not approach a member of the McCarthy family except by expressed friendly invitation and in a friendly manner.