DPP v Howe

 
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[2014] IECA 43

THE COURT OF APPEAL

Ryan P.

Irvine J.

Hogan J.

188CJA/13
DPP v Howe
IN THE MATTER OF AN APPEAL PURSUANT TO SECTION 2 OF THE CRIMINAL JUSTICE ACT 1993
THE PEOPLE (at the suit of the DIRECTOR OF PUBLIC PROSECUTIONS)
APPELLANT
v.
GERARD HOWE
RESPONDENT

188CJA/2013 - Ryan Irvine Hogan - Court of Appeal - 8/12/2014 - 2014 15 4264 2014 IECA 43

CRIMINAL JUSTICE ACT 1993 S2

NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997 S3

DPP v BYRNE 1995 1 ILRM 279 1995/5/1758

DPP v HUNTER UNREP CCA 17.2.2012 2012/12/3313 2012 IECCA 57

Criminal Law - s. 3 of the Non Fatal Offences against the Person Act 1997 - s. 2 of the Criminal Justice Act 1993 – Leniency of Sentence

Mr. Justice Hogan
1

This is an appeal by the Director of Public Prosecutions under s. 2 of the Criminal Justice Act1993 in respect of a sentence imposed of three years and six months with the final two years suspended. The Director contends that this sentence which was imposed on the respondent, Mr. Howe, following a plead of guilty under s. 3 of the Non Fatal Offences against the Person Act, 1997 was unduly lenient. Mr. Howe was sentenced on 2nd July 2013 and the court has been informed that he has now completed that sentence.

2

The background to the offence is a disturbing one. The injured party, a Mr. Fowler, was assaulted by two persons in a fast food restaurant on 19th April 2009 in Dublin city centre. It appears that there was an initial disagreement and altercation in the bathroom downstairs. When Mr. Fowler returned upstairs to his seat and then proceeded to sit down he was promptly assaulted by another person. Using a blade, Mr. Howe slashed the face of Mr. Fowler on a number of occasions.

3

According to the prosecuting member, Mr. Fowler's cheek was sliced open and there was a very prominent wound. Thankfully, Mr. Fowler has made, we are informed, a very good recovery from what was undoubtedly a very serious and grievous assault. The wound, it appears, is actually four inches long and required nineteen stitches but Mr. Fowler obviously bears a noticeable scar. The actual weapon used in this assault was never found, but it must be said in Mr. Howe's favour that he did enter a (relatively early) plea of guilty, albeit having sought a trial date on two occasions. He did...

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