Sword assault man has sentence further suspended on appeal
A father of three who took part in an assault in which a carpenter's hand was cut off with a samurai sword has succeeded in having a quarter of his eight-year sentence suspended on appeal.
Anthony Dowling (aged 36) was armed with a claw hammer and his co-accused Charles Russell (aged 30) armed with the sword when they attacked a man who had allegedly made a crude remark to Dowling’s mother-in-law in a crowded Dublin pub.
Dowling, of Fortlawn Drive, Blanchardstown, pleaded guilty at Dublin Circuit Criminal Court to assault causing serious harm to Mr Peter Rogers at The Deputy Mayor Pub, Meekstown on January 13, 2008.
Judge Katherine Delahunt sentenced him to eight years in prison with the final year suspended in February last year, while Russell, of Whitechapel Road, was given a nine-year sentence in March 2009 for severing Mr Rogers’s hand.
The Court of Criminal Appeal today quashed the original sentence imposed on Dowling and replaced it with one of eight years with two years suspended, having found that there were “significant differences” between the culpability of Dowling and his co-defendat in inflicting the assault.
Counsel for the applicant, Mr Patrick Marrinan SC, told the court Dowling entered the pub armed with a claw hammer and hit the victim in the chest before being removed from the premises by security staff.
He said Detective Garda Tony Gleeson had told the original sentence hearing that the injuries suffered by Mr Rogers had “shocked” Dowling, who was being restrained outside the pub when they occurred.
Mr Marrinan said that Dowling should not be held responsible for the actions of his co-defendant, in circumstances where the serious bodily harm inflicted on Mr Rogers went beyond the assault Dowling had anticipated.
Surmising four written submissions before the court, Mr Marrinan also said that the trial judge had erred in principle by failing to give sufficient credit to Dowling for pleading guilty to the offence.
Mr Marrinan said that Dowling did not possess the samurai sword, did not inflict serious injury on Mr Rogers and was not inside the pub when it happened. He said that Dowling had encouraged his co-accused to leave the premises, had indicated a desire to cooperate with gardai and had expressed genuine remorse and sympathy for the injured party.
Counsel for the State, Ms Melanie Greally BL, told the court that although it was accepted the event proceeded in a manner which Dowling had not contemplated, his plea of guilty to an assault causing serious harm was an acknowledgement of his shared intent and responsibility with Russell.
Ms Greally said that Dowling had also lost significant credit for admitting to the offence as he entered his plea just six weeks before his trial was due to commence.
Ms Justice Susan Denham, sitting with Mr Justice Declan Budd and Mr Justice Bryan McMahon, said that the court acknowledged that Dowling and his co-accused had acted in concert but was concerned that there was insufficient disparity between the sentences imposed on the two men.
Ms Justice Denham said in light of Dowling’s personal circumstances, the court would set aside his original sentence and replace it with one of eight years with two years suspended.
