A teenager who was part of a group of youths who set upon four English tourists in Temple Bar 18 months ago has withdrawn an appeal against his term of detention after being warned the court has the power to increase sentences.
The teen’s lawyers told the three-judge court on Friday that the case had been due to run on the basis of a recent Supreme Court ruling that a court may impose a part-suspended sentence on a child convicted of serious crimes.
However, Mr Justice John Edwards, presiding, said the judge who sentenced the youth last year “applied the law as it was” at the time.
The now 17-year-old, who cannot be named due to his age, was handed a three-year period of detention after pleading guilty to assault causing harm and to violent disorder arising out of an incident in Temple Bar on August 11th, 2023. He has 18 previous convictions, including six for assault causing harm.
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The four male tourists had arrived in Dublin just hours before they were attacked in the popular tourist district. They were taken to hospital where they were treated for multiple injuries, including facial swelling, a broken nose and a laceration to the back of the head.
One of the men told gardaí he was walking through Temple Bar with his three companions when they encountered a large group of youths who asked if they wanted to buy drugs. He refused, walked on, then felt himself being punched and fell to the ground.
The court heard the boy, who was 16 at the time, became involved after the melee started and he twice punched one of the victims in the face. He then pulled and dragged a second man to the ground, before kicking and punching him. A third victim was already on the ground when the teenager stamped on his head.
Imposing sentence at Dublin Circuit Criminal Court in March last year, Judge Pauline Codd noted a suspended sentence “hanging over” a defendant can act as a deterrent and aid in their rehabilitation.
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She said it seemed that, as the law stood, there was “no mechanism” whereby the court could make a supervision order once an offender turned 18. As a result, she said, the court’s hands were “effectively tied” in terms of supervision once a person turns 18.
However, in a judgment last month, the Supreme Court ruled that a part-suspended sentence can be imposed on a child convicted of serious crimes.
When the matter came before the court today, Mr Justice John Edwards said the teenager is entitled to appeal the move but that it was “not without some risk”.
The court wanted the youth to be made aware of “the full range of options available to the court”.
After a short break, defence barrister John Fitzgerald SC said he had been instructed to withdraw the appeal.
