Ear bite man should have gone to jail, says Court of Criminal Appeal

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".


More in this Section

Barrister likens case to a 'Netflix movie' after man denies accident claim is a 'massive fraud'Barrister likens case to a 'Netflix movie' after man denies accident claim is a 'massive fraud'

DUP accuses Boris Johnson of losing his nerveDUP accuses Boris Johnson of losing his nerve

Agriculture Department staff suffered 'abusive and intimidating behaviour' from protestersAgriculture Department staff suffered 'abusive and intimidating behaviour' from protesters

Student appeared 'upset and in a state of shock', nurse tells rape trial Student appeared 'upset and in a state of shock', nurse tells rape trial


Lifestyle

Leopard print midi dresses and sequins swirled beneath glossy goddess hair and golden headbands as the great and the good of Cork gathered for ieStyle Live.Leopard print and sequins to the fore at inaugural #IEStyleLive event

You have a long half-term break ahead of you all, and there’s only so much screen time anyone in the family can handle. Everyone is going to need a book-break at some point or another.We reviewed some of the best new books to keep kids entertained over half-term

Sexual politics, snideput-downs and family rivalries are fuelling the trouble brewing in a small Midlands town.Charlie Murphy and Pat Shortt star in new Irish film 'Dark lies the Island'

Robert Hume tells of the eccentric MP for Athboy, Co. Meath – born 300 years ago this month – who thought he was a teapot, and was afraid his spout might break off.A strange brew of a man: The MP for Meath who believed he was a teapot

More From The Irish Examiner