A Limerick man who went on "a rampage" and slashed the face of a 22-year-old in an unprovoked attack must wait to receive a new sentence following an appeal by prosecutors.
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 13th, 2011.
He was sentenced to four years imprisonment, with the final two suspended, by Mr Justice Carroll Moran on February 10th, 2012.
The Director of Public Prosecutions (DPP) today successfully sought a review of Kelly's sentence in the Court of Appeal.
A new sentence will now be imposed on Kelly on June 4th next.
‘On a rampage’
Counsel for the DPP, John O’Sullivan BL, told the three-judge court that Kelly had, in the words of Mr Justice Moran, gone “on a rampage”.
The court heard how Kelly had robbed a man of money and a mobile phone on Catherine Street, and how, “24 hours later”, without provocation, he slashed the face of another man in the same area, causing him severe facial disfigurement.
Mr O’Sullivan said the case against Kelly was very strong, noting the number of independent witnesses and CCTV evidence.
Counsel said that, as such, Kelly’s admissions were not particularly significant.
According to Mr O’Sullivan, Mr Justice Moran said that Kelly “had been picking his victims at random in unprovoked attacks”.
Counsel also said that the 22-year-old victim in the slashing was left with a permanent scar on his left cheek, and that he had been preyed upon by Kelly.
Mr O’Sullivan said that, consequently, the sentence imposed simply did not meet the gravity of the case.
The court heard that Kelly had been out of prison since May of last year.
‘Unduly lenient’
Speaking on behalf of the Court of Appeal, Mr Justice Garrett Sheehan said the three-judge court was of the view that the sentence imposed was "unduly lenient", and would give their reasons at a later date.
Mr Justice Sheehan, who sat with Mr Justice Alan Mahon and Mr Justice John Edwards, directed the provision of a probation report and put the matter back to June 4th next for a new sentence.