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1.������ This is an appeal against sentence imposed on the 1st of November 2024 for an offence contrary to s.3 of the Non-Fatal Offences Against the Person Act 1997. A headline sentence of 5 years was nominated by the sentencing judge, which was discounted by 20% for mitigation, resulting in a sentence of 4 years imprisonment.
2.������ On the 9th of December 2021, the appellant, his brother Cathal Ward (the injured party), and Kirsty Glover were socialising in Ms. Glover's apartment. Sometime that evening, the injured party went into a bedroom and was followed by the appellant. The injured party then shouted for an ambulance. Ms. Glover entered the bedroom and saw the injured party bleeding from his upper thoracic area. The appellant returned to the kitchen following this, took cans of beer, and left the apartment. The injured party collapsed at the bottom of the stairs at the entrance of Ms. Glover's apartment.
3.������ Members of the Garda� observed the injured party slumped in the doorway to the apartment. Ms. Glover was administering first aid. A Garda provided first aid until paramedics arrived and conveyed the injured party to Mayo University Hospital. He was critically injured and rendered unconscious and was hospitalised for approximately 7 days. Medical reports indicated that had he not reached the Emergency Department in time, he potentially could have died due to excess blood loss.
4.������ A search of the scene was carried out, but Garda� were unable to locate the weapon used. The appellant was arrested, but could not be questioned for 6 hours due to intoxication. His clothing was covered in blood, which transpired to be that of the injured party.
5.������ The appellant was 28 years of age at the time of sentence. He was the primary carer for his 5 young children, three of whom have specific needs. He has the support of his family, and had apologised to the injured party and expressed his remorse. Whilst he has previous convictions, they are not for violent offending. He pleaded guilty to the offence, and the net argument advanced is that the judge should have discounted the headline sentence by 25% to take account of all mitigating factors, the most significant being the plea. Sentencing Remarks
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