A Dublin man who bit off part of the right ear of a security man after being refused entry to a pub must serve time in prison due to the serious nature of the assault, the Court of Criminal Appeal has determined.
Today, the three-judge court agreed with the DPP that the three-year suspended sentence imposed on David Foley for biting off part of the ear of his victim in Temple Bar more than five years ago was unduly lenient, and sentenced him to six months in prison.
In 2007, David Foley (aged 41) of Broadstone Avenue, Phibsboro pleaded guilty at Dublin Circuit Criminal Court to assault causing Mr Justin Kneeland harm at Eamonn Dorans Pub in Temple Bar on February 1, 2004.
Foley was given a three-year prison sentence which was suspended for five years on strict conditions by Judge Donagh McDonagh.
Foley also handed over €1,500 compensation to his victim. The DPP appealed the undue leniency of that sentence, given the nature of the assault.
Foley, a father of two children, had opposed the DPP's application, and argued that the sentence should be left undisturbed.
Today the CCA of the Chief Justice Mr John Murray sitting with Mr Justice Patrick McCarthy and Mr Justice Daniel O'Keeffe quashed the original sentence and in its place imposed a two year sentence with the final 18 months suspended.
The Chief Justice said that what concerned the court was that no period of custody had been imposed for "such a serious assault".