Sentence increased for man at centre of unprovoked knife attack

The Court of Criminal Appeal has increased the prison sentence from one to five years imposed on a Dublin man for stabbing another man in what the court heard was an unprovoked attack.

Last December at Dublin Circuit Criminal Court Gavin Guinan-Cahill (aged 30), Lissadel Road, Driminagh pleaded guilty of assaulting Darren Ward contrary to section four of the Non Fatal Offences Against the Person Act at DriminAgh on September 25, 2005.

Cahill received a three-year prison sentence with the final two years suspended on condition. The DPP appealed the sentence, imposed by Judge Des Hogan, on the grounds of undue leniency.

Today the three Judge CCA of Mr Justice Nicholas Kearns presiding sitting with Mr Justice Declan Budd and Mr Justice Michael Hanna increased Cahill's prison sentence from three years imprisonment with two suspended to one of eight years with the final three years suspended.

Mr Pieter Le Vert Bl for the DPP said that an appeal against the sentence was brought on grounds including that the sentencing judge had erred by giving insufficient weight to the fact that the injuries Mr Ward sustained were inflicted with a knife, the seriousness of the injuries, that Cahill had 29 previous convictions, and that the attack was unprovoked.

Counsel for Cahill Mr Giollaíosa Ó Lideadha SC said that the sentence should not be disturbed.

Counsel said that following the his client had taken steps to deal with his alcohol problem, had had offered compensation to Mr Ward. At the time of the incident his client had a lot of drink taken.

Giving the Court's Judgment Mr Justice Nicholas Kearns said that this was a "truly shocking" incident.

On the day of the offence Cahill approached two couples who were out walking, and started talking to them. However an argument broke out.

In the course of the argument Cahill struck Mr Ward. Mr Ward, did not initially realise how serious his injury was, had been stabbed and began bleeding heavily.

A nearby taxi driver brought the injured man to hospital, but before he could take Mr Ward to St James' Hospital, where he received emergency treatment for what were serious injuries, Cahill had attempted to prevent the taxi from leaving by threatening to slash the tyres.

In addition the court also remarked that Cahill was found to have two knifes strapped to his leg. The Judge said that assaults with knifes are "the scourge" of Dublin and all other parts of the country.

The Court said that the original sentence imposed was significantly inadequate for what was appropriate. The incident, the Judge added, was at the "upper end" of the scale of seriousness.

The Judge said that a ten-year sentence was contemplated by the court, but as a result of submissions made by Mr Ó Lideadha was satisfied to impose on of eight years with three years suspended.