Alan Wilson meat cleaver attack sentence reduced for time spent in custody on Marioara Rostas murder charge
Published 09/11/2015 | 16:13
Dublin criminal Alan Wilson has had his prison sentence for a meat clever attack reduced in allowance for time spent in custody awaiting trial for a murder he was ultimately acquitted of.
Wilson (36), of New Street Gardens, Dublin, along with David Crowley (38), of New Bride Street had pleaded not guilty to trespass while committing assault causing harm at Dromheath Drive in Blanchardstown on June 3, 2009. Crowley had also denied a second charge of unlawfully possessing a firearm on the same occasion.
Having been found guilty by a jury at Dublin Circuit Criminal Court, Wilson was sentenced to seven years imprisonment and Crowley eight years imprisonment by Judge Desmond Hogan on April 12 2013.
Both men had conviction appeals dismissed last week, however, the Court of Appeal reduced Wilson's sentence by one year today becuase he had been in custody awaiting trial for murder while technically on bail awaiting trial for the meat-clever attack.
Mr Justice George Birmingham said Wilson's bail for the meat clever attack still existed notwithstanding the fact he was in custody on a more serious charge. “He was effectively deprived of his liberty for 12 months,” the judge said.
Without making any general statement on principals, Mr Justice Birmingham said it was appropriate to reduce the sentence by 12 months in all the circumstaces.
Wilson made no reaction when the judgment of the court was read out.
Mr Justice Birmingham, who sat with President of the Court of Appeal Mr Justice Sean Ryan and Mr Justice John Edwards, accordingly resentenced him to six years imprisonment.
Counsel for Wilson, Padraig Dwyer SC, submitted that seven years was excessive with regard to his client's “antecedents”.
Submitting that prison should be a last resort, Mr Dwyer said Wilson had never been in prison before and had only one previous conviction recorded in the District Court for possession of a screw driver.
Furthermore, there was no victim impact report in the case even though “undoubtedly” the injured party “did sustain injuries”, Mr Dwyer said.
The court heard that he had gone into custody on April 5, 2012 and was sentenced on April 12, 2013.
He was acquitted of the murder of Marioara Rostas on July 31, 2014 having been refused bail on that charge.