THE COURT of Criminal Appeal has directed the release from prison of a young Finglas man who accidentally shot and seriously injured an eight-year-old boy while shooting at birds with a pellet gun.
Stephen Fitzpatrick (20), of Finglaswood Road, had been in custody on remand since October 2007 in relation to the shooting, which took place when he was aged 17. He was jailed in February for four years, with the last year suspended.
Yesterday, the three-judge appeal court suspended the balance of the sentence after finding the term imposed did not reflect the circumstances of the incident.Fitzpatrick had pleaded guilty at Dublin Circuit Criminal Court to recklessly discharging a firearm at his young victim at Cabra Road on April 13th, 2005. He also pleaded guilty to reckless endangerment.
Moving Fitzpatrick's appeal against the severity of sentence earlier yesterday, Michael O'Higgins SC said the four-year sentence was unduly severe on a charge of reckless endangerment involving a person who was only 17 years at the time of the incident.
His client had pleaded guilty at an early stage and apologised for what he had done, counsel said.
The DPP opposed the appeal.
Giving the appeal court decision, Mr Justice Adrian Hardiman, presiding, said there was no basis for a four-year sentence.
Given Fitzpatrick's young age at the time and as he had already served a year in jail, the appeal court would suspend the balance of the sentence, he said.
The judge said the firing of the gun was a serious matter, but it was not done out of viciousness and was rather an act of stupidity. If it had been intentional, Fitzpatrick should have been charged with some form of assault, but he had not.
The judge told Fitzpatrick that he "must stay away from weapons" and warned him he was a marked man in that he could expect a prison sentence in double figures if ever convicted of a firearm offence in the future.
Previously, Dublin Circuit Court had heard the young victim was playing in the garden next to Fitzpatrick's mother's home when he suddenly felt he couldn't breathe and noticed there was blood squirting from the right side of his neck.
He was taken to Temple Street hospital where it was found he had air leaking from near his windpipe as a result of air rifle pellets puncturing his neck and lodging in his voice box. The boy had two hours of surgery and was treated in intensive care for five to six days.
A medical report indicated he had narrowly escaped life-threatening injuries. He has since made a full recovery.
Fitzpatrick admitted to accidentally shooting the boy when firing at birds on the fence of the garden in which the children were playing. He suggested a round must have ricocheted off a wall and said he didn't notice anyone around at the time. He said he bought the gun while on holiday abroad and destroyed it in a dump some days after the shooting.