A judge has said it is regrettable the law doesn’t allow her to extend the life sentence of a convicted murderer who punched a prison nurse in the face.
Jeffrey Dumbrell (36), who was described by his barrister as a “notorious” criminal who last year was one of the most high-risk prisoners in the State, punched the nurse as she was delivering his medication in Wheatfield Prison’s maximum security unit.
His current jail sentence cannot be extended, prosecuting counsel Ronan Kennedy BL told the court, as “you can’t make a sentence consecutive to a life sentence”.
The courts have ruled previously that a life sentence cannot be extended for new offending while in prison because technically a life sentence never ends. When life sentence prisoners are released it is on “permanent temporary release” meaning the sentence is still active.
He and older brother Warren Dumbrell are currently serving life sentences for the murder of 33- year-old father-of-six Cristopher Cawley at a flat complex in Inchicore during a violent attack in October, 2006.
Judge Leonie Reynolds said on Thursday the court would have extended the sentence if allowed and “it is a matter of some regret that the law doesn’t allow for the imposition of a consecutive sentence”.
She said that, because of this, “Mr Dumbrell may feel he is at liberty to commit these offences”.
Judge Reynold’s imposed a two-year sentence which will run alongside both the life sentence and another sentence Dumbrell received for threatening to rip a prison officer’s head off in 2014.
She said the attack was an “appalling act of thuggery against a medical professional going about her duties”.
She said that, although she cannot extend Dumbrell’s sentence, she has been assured the Parole Service will take the offence into account when assessing him for release.
The judge also said she was taking into account Dumbrell’s efforts to rehabilitate himself. She was told he is now facilitating the Alternatives to Violence Programme in the prison and helping new inmates to integrate.
Dumbrell pleaded guilty at Dublin Circuit Criminal Court to assault causing harm to Nurse Officer Donna Canavan on July 19th, 2015.
Garda Kevin Molloy told the court that Ms Canavan was accompanied by five prison officers as she brought Dumbrell his morning medication. She stood at the door of the cell, at arm’s length from the prisoner, when he lunged forward and struck her in the face.
She fell to the ground as Dumbrell was restrained and brought to an isolation cell. He did not resist the officers.
Nurse Canavan suffered severe bruising to her face and eye socket and missed six weeks of work.
She made a full recovery and did not wish to make a victim impact statement. She has since transferred to another prison.