Court adds two years to criminal's stay in jail

The Court of Criminal Appeal (CCA) has increased by two years the prison sentence imposed on a 21-year-old man for assaulting another man after finding that the original sentence was unduly lenient.

He victim was out walking his dog and lost the sight in one eye as a result of the attack.

Leroy Dumbrell (aged 21) of Emmett Road, Inchicore, Dublin, has 57 previous convictions and was on bail for another assault when he attacked Nigel Reid in the face causing him to permanently lose the sight in his left eye.

Today the three-Judge CCA also rejected an appeal brought by Dumbrell against his conviction for the attack.

In December 2006, Dumbrell was convicted by a Dublin Circuit Criminal Court jury in July of assaulting Mr Reid causing him serious harm and robbing his mobile phone on July 11, 2004.

Judge Frank O'Donnell ordered that Dumbrell serve the eight years consecutive to a five-year sentence imposed on him in October 2005.

He suspended the last five years on condition he remain under the supervision of the probation services for two years upon his release.

The DPP appealed on the grounds that the sentence imposed by Judge O'Donnell was unduly lenient. Counsel for Dumbrell had opposed that application and argued that the sentence should stand.

Yesterday the Court of Criminal Appeal of Mr Justice Joseph Finnegan presiding, sitting with Mr Justice Roderick Murphy and Mr Justice Eamon De Valera found that the sentence was unduly lenient, and decided that Dumbrell should serve eight years, but that the last three years instead of the last five be suspended.

Mr Justice Finnegan said that this was a "most serious case". The Court noted that by taking the phone Mr Reid was denied the chance of calling for assistance or the Gardaí.

In addition, the CCA also dismissed Dumbrell's appeal against his conviction.

That application was brought on grounds including that the trial judge had erred by allowing evidence that was prejudicial to Dumbrell be heard by the jury and that evidence of an alibi for Dumbrell was not allow to go to the jury.

A further ground was in relation to identification evidence that was given during the trial. However, Mr Justice Finnegan said the court was quite happy that the was no error and that the conviction should stand.

In 2006 Dublin Circuit Court heard that Mr Reid was out walking his dog when the animal wandered into a neighbour's garden.

While he was calling his dog out, Mr Reid became anxious of a man, Dumbrell, walking towards him. Mr Reid let out a sigh of relief when he passed-by. Dumbrell overheard it and confronted him, and attacked him.

Mr Reid suffered injuries to his eye, and that the sight was so reduced that he can merely distinguish between light and dark.