DPP v Elders

 
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[2014] IECA 6

THE COURT OF APPEAL

Ryan P.

Birmingham J.

Irvine J.

186/12
DPP v Elders
Between/
The People at the Suit of the Director of Public Prosecutions
V
Anthony Elders
Appellant

186/2012 - Ryan Birmingham Irvine - High - 10/11/2014 - 2014 14 4005 2014 IECA 6

NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997 S3

Sentencing – Assault causing harm – Excessive sentence – Appellant seeking to appeal against the severity of sentence – Whether the imposition of the maximum sentence constituted an error in principle

Birmingham J.
1

The matter before the court sees an appeal against severity of sentence brought by Mr. Elders. The sentence that he is appealing is one of five years imprisonment for assault causing harm contrary to s. 3 of the Non Fatal Offences against the Person Act and the same sentence for criminal damage that was imposed on him in the Central Criminal Court in Dublin on the 22nd May, 2012.

2

The circumstances of the offence are that the offence occurred in the early hours of the 1st January, 2007, that is to say the early hours of New Years day and the incident started when some friends were sitting in a car close to the home of the injured party. Then the appellant opened the door of the car and asked for a lift. When refused, the appellant became aggressive, a scuffle ensued and there was a threat made to damage the car and also the nearby home of the injured party. What is particularly disturbing is that at this stage there was a reference to "eff off" though not abbreviated in that fashion, "eff off Packi bastards".

3

Now it appears and this is the really disturbing part of this case that the appellant then left the scene and returned along with a number of others and they made their way to the home of the injured party. A cavity block was thrown through the front window of the injured party's home and at that stage there were quite a number of people involved in throwing objects at the house and damaging the cars, there were a number of them, that were in the driveway and of causing damage to the extent of some €6,000. The side panels of glass at the front of the house were broken, the appellant picked up some fragments of glass and threw it, that appears to be the general tone of the evidence, at the injured party slicing his face from the top to the bottom of his cheek.

4

The sentencing as I said, took place on the 22nd May, 2012 and I should explain that the appellant had contested the matter at trial, but he had been convicted by a jury and the trial judge at the end of the trial had...

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