A mechanic whose prison sentence for assaulting his girlfriend incorporated an allegation that he locked her in a dog cage, has successfully appealed his sentence.
Andrew Smith, aged 24, of Dean Hill, Hayes, Navan, Co Louth, had pleaded guilty at Trim Circuit Criminal Court to assault causing harm to Chloe Cherry at their home in Wilkinstown, Navan on October 27, 2013.
He was sentenced to two-and-a-half years in prison with the final six months suspended by Judge Michael O’Shea on June 18, 2015.
Smith successfully appealed his sentence yesterday with the court of appeal holding the circuit court judge did not attempt to resolve a conflict in the evidence — that Smith allegedly locked his girlfriend in a dog cage.
The victim was in a “helpless, hopeless situation during the continuation of this very, very serious violent, vicious and brutal assault”, the circuit court judge said.
He listed the events he viewed as aggravating factors including the allegation that the victim was forcibly locked into a dog kennel.
Clearly, Mr Justice Mahon said yesterday, the circuit court judge accepted as true the victim’s account of this incident and did not believe Smith’s denials thereof.
Smith was resentenced to two years in jail with the final 15 months suspended. He was required to enter into a good-behaviour bond for the suspended period.
© Irish Examiner Ltd. All rights reserved