Director of Public Prosecutions v Sidney Sutton (Approved)

1.������ The respondent in this case came before the court on the 20th of June, 2017, charged with four counts of assault contrary to Section 2 of the Non-Fatal Offences against the Person Act, 1997, one count of assault contrary to Section 3 of the Non-Fatal Offences Against The Person Act, 1997, and one count of production of an article capable of inflicting serious injury, contrary to Section 11 of the Firearms and Offensive Weapons Act, 1990.

2.������ The respondent pleaded not guilty, and faced trial on the 31st of October, 2017. On the 2nd of November, 2017, the respondent was convicted on all counts by unanimous jury decision.

3.������ The sentencing judge imposed a sentence of four months� imprisonment on Counts 1 to 4, being assault contrary to Section 2 of the Non-Fatal Offences against the Person Act, 1997, and 2 years� imprisonment, the final year of which was suspended on Counts 5 and 6, being assault causing harm and production of an article capable of inflicting serious harm. All sentences were to run concurrently with credit to be given for the days the respondent had previously spent in custody.

4.������ The Director of Public Prosecutions now seeks a review of the sentence imposed on grounds of undue leniency.

5.������ The court heard evidence from Garda Samantha Meehan, the investigating officer in the case. She confirmed that at the relevant time the respondent was in a relationship with the complainant, a Ms. Edele Aherne, with whom he shared a residence at 53 Brindley Park Square, Ashbourne, County Meath, together with their twin 5-year old sons. The children were staying elsewhere on the date of the offending.