A former bank worker spared jail for a nightclub glass assault which left a man blind in one eye must wait to hear whether he will be sent to prison following an appeal by prosecutors.
Robert Jones (27), of Glenview Park, Tallaght, had pleaded guilty at Dublin Circuit Criminal Court to assault causing harm at the Palace nightclub, Camden Street on July 20th, 2014.
He was given a suspended 18-month sentence by Judge John Aylmer on February 24th, 2016.
The Director of Public Prosecutions is seeking a review of Jones’s sentence on grounds that it was “unduly lenient”. The three-judge Court of Appeal reserved judgment until Thursday, April 6th.
‘Actual time served’
Opening the DPP’s application, Fiona Murphy BL submitted that there had to be custody for this offence, that there had to be “actual time served”. She said it was a section 3 assault aggravated by the use of a glass.
Ms Murphy said it was a very serious offence with very serious consequences for the victim who lost the sight in his eye. She said the sentencing judge gave too much credit for Jones’ guilty plea in circumstances where he was “caught red-handed”.
Provocation
Counsel for Jones, Dominic McGinn SC, said it was not a deliberate attack by someone who went to get a weapon. It was spontaneous and involved an element of provocation, Mr McGinn said. He said his client had an impeccable character and this was a momentary incident of madness.
He said a custodial sentence would have had a “devastating” effect on Jones.
Ms Murphy said the provocation referred to could not have justified the level of violence used.
Dublin Circuit Criminal Court heard that Jones worked in a bank at the time of sentencing. The Court of Appeal heard that he now works in accounting.