Supreme Court judge holds up appeal as ‘warning’ to lower courts on sentencing

His comments came as the five-judge court dismissed an appeal by Stephen Duffy against the severity of a sentence imposed on him by the COA for an offence of assault causing harm on August 29th, 2016.Mr Justice Charleton said the sentence given to Duffy at trial and by the COA “was not appropriate” and remains inadequate. However, as the Director of Public Prosecutions did not appeal further, the COA’s imposition of a sentence of four years in prison with the final year suspended must stand.

The trial judge reduced the six-and-half year headline sentence after accepting Duffy was genuinely remorseful and was not inclined to this behaviour. The reduction came with certain conditions, including paying €10,000 compensation to the victim on top of the €5,000 he had already offered. Duffy appealed the severity of the COA sentence on two grounds. He submitted the views of the victim regarding his imprisonment were relevant to his sentencing and that his offer of compensation to the victim was a relevant mitigating factor.

She explained the victim contacted Duffy on social media after the sentencing hearing and, “in an extremely generous way”, extended good wishes and expressed a hope he had learned his lesson. A victim can put forward a plea for leniency and the court can take this into account if it is based on a reason specific to the accused. The primary role of a sentencing court is to administer justice by imposing a sentence that appropriately reflects the nature of the crime and the circumstances of the accused, she added.

A judge calling out other judges!!!!

Hopefully the tulips in the lower courts that impose ridiculous and inconsistent sentences are listening

Sentencing here is a complete joke. Go to jail for not having a TV licence and get a suspended sentence for GBH

Surely, it is not the Judges of lower Courts who should be criticised, rather a system that appoints many, not on merit, but on political patronage...or perhaps that has changed since Peter was appointed...

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