Tuesday 6 December 2016

Man (24) who slashed face in unprovoked attack has jail term increased

Ruaidhrí Giblin

Published 04/06/2015 | 17:08

Judge's gavel.
Judge's gavel.

A man who went on “a rampage” and slashed the face of a 22-year-old in an unprovoked attack has had his jail term increased following an appeal by prosecutors.

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Anthony 'Tony' Kelly (24), with an address at Lilac Court, Keyes Park, Limerick, pleaded guilty at Limerick Circuit Criminal Court to assault causing serious harm at Catherine Street Limerick on May 13 2011 as well as robbery and theft in separate incidents.

He was sentenced to four years imprisonment with the final two suspended by Mr Justice Carroll Moran on February 10 2012.

The Director of Public Prosecutions successfully sought a review of Kelly's sentence on grounds that it was “unduly lenient” and the Court of Appeal imposed a new sentence on him of six years imprisonment with the final two suspended.

Counsel for the DPP, John O'Sullivan BL, had told the three-judge court that Kelly had gone “on a rampage” in the words of Mr Justice Moran.

Between the early hours of May 13 2011 andthe early hours of May 14 2011, Kelly had robbed a male of €50 and a mobile phone, robbed a second male of a chain, stole money and slashed the face of another man, without provocation, causing him severe facial disfigurement, the court heard.

Mr Justice Moran said Kelly 'had been on a rampage and had been picking his victims at random in unprovoked attacks,' according to Mr O'Sullivan.

The 22-year-old slash victim was left with a permanent scar on his left cheek which he'll have to live with for the rest of his life, he said.

The slash victim was preyed upon by Kelly, Mr O'Sullivan said, and the sentence imposed simply did not meet the gravity of the case.

Speaking on behalf of the Court of Appeal, Mr Justice Garrett Sheehan said a completely innocent individual was scarred for life as a result of the event.

Mr Justice Sheehan, who sat with Mr Justice John Edwards and Mr Justice Alan Mahon said the minimum starting point for the offence was six years imprisonment.

To incentivise rehabilitation and allow for the mitigating circumstances, the court suspended the final two years on the usual terms for a period of six years.

Kelly was required to enter into his own bond of €100 to keep the peace and be of good behaviour while in custody and for the suspended period of the sentence.

When asked if he undertook to be so bound he said “yes” and nodded his head a number of times.

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