No plans to increase sentence for assault, says McDowell

There are no plans for the introduction of mandatory sentencing in cases of assault causing harm, according to the Minister for…

There are no plans for the introduction of mandatory sentencing in cases of assault causing harm, according to the Minister for Justice.

Nor is there any plan to increase the maximum sentence of five years for this offence, according to a spokeswoman for the Minister.

Michael McDowell was responding to a call, made by the Dr Michéal Ó Tighearnaigh GP for assault victim Barry Duggan on RTÉ radio yesterday, for mandatory sentences for those inflicting injuries to the head.

Mr Duggan was seriously assaulted by Stephen Nugent and Dermot Cooper on April 13th, 2003, in an attack that inflicted brain and head injuries. He spent three weeks in hospital in an induced coma and attended various medical personnel for another six months.

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During their trial, Nugent and Cooper changed their plea of not guilty to assault causing serious harm to one of guilty to the lesser charge of assault causing harm. They were sentenced on Tuesday to three years' imprisonment, but two years and nine months of this sentence were suspended.

Under the Non-Fatal Offences Against the Person Act, the maximum sentence for assault causing harm is five years. The courts have ruled a guilty plea and a lack of previous convictions are mitigating factors to be taken into account when imposing sentence.

A spokeswoman for the Minister for Justice said individual cases were a matter for the DPP.

However, she added: "There was considerable public concern three years ago about public order generally and in particular the offence of assault causing harm, but the occurrence of this offence has fallen consistently over the past 11 quarterly periods."