Corkman used as 'pawn' for girlfriend's grudge has sentence increased for hatchet attack
Mr Justice Birmingham said the three-judge court would re-sentence Long to eight years’ imprisonment with the final 12 months suspended. File picture: Dan Linehan
A violent burglar who was used as a “pawn” by his then-girlfriend in carrying out a "vicious" hatchet attack on a man in the "sanctuary of his own home" has had his sentence increased by two years by the Court of Appeal.
The appellate judges said on Tuesday that had the trial judge set a headline sentence of 14 years before mitigation for David Long, who has 66 previous convictions, it is unlikely the court would have interfered.
Last November at Cork Circuit Criminal Court, David Long was sentenced to six years’ imprisonment with the final year suspended by Judge Colin Daly for an attack the court heard had been committed in a “misguided sense of chivalry” for his then-girlfriend.
Long (40) of Leitrim Street, Cork City, pleaded guilty to assault causing harm, burglary and to producing a hatchet at an address on Middle Glanmire Road in the city on January 18, 2022.
The sentencing judge heard that Long’s victim suffered a fractured skull, broken teeth and facial fractures from the assault which lasted between 10 and 15 minutes.
In a victim impact statement, the injured man said that he was subjected to a “terrifying, savage, beating” which happened in the “sanctuary” of his home.
“I was on a liquid diet for a month. It was a nightmare,” he said.
The man told the court that he wakes in his sleep screaming from the horrors he endured and is still trying to get his life back to normal.
The court heard that Long called to the house of a cousin of his then-girlfriend at Middle Glanmire Road on the evening in question, where his girlfriend had been inside for around an hour.
The victim opened the door to Long, who had a scarf covering his face and a hood pulled up. Long produced a hatchet from his bag and attacked the man.
Long’s ex-girlfriend was sentenced to three years' imprisonment with the last six months suspended for her part in the attack. As she had been invited to the address, a charge of burglary was not brought.
Defence counsel Ray Boland said Long was "used" by his girlfriend as a “pawn” and that he acted out of a “misguided sense of chivalry” because she held a grievance against her cousin.
Prosecuting barrister Donal O’Sullivan said that the offences carried out by Long was a “targeted offence and a targeted burglary.” The Director of Public Prosecutions subsequently applied for a review of the sentence to the three-judge court on grounds of undue leniency.
At the appeal hearing on Tuesday, Mr O’Sullivan said there was no issue for the DPP with a pre-mitigation headline sentence of 10 years being identified by the sentencing judge. However, it was argued that too much mitigation had been granted in the case.
Mr O’Sullivan said there had been a “generous” discount of 30% for Long’s guilty pleas and then a further reduction of two years from the jail sentence.
Counsel said there had been identification evidence, CCTV footage and forensic evidence against Long in the case, in addition to his “significant previous convictions”, which included aggravated burglary and robbery.
Mr O’Sullivan said that while Long’s then-girlfriend was the “instigator” of the attack, “he [Long] was far and away the aggressor, who used an enormous amount of force”. Mr O’Sullivan said that there was “entirely no basis” for the 50% reduction.
Mr Boland submitted that the judge had identified a headline sentence in the highest category for burglary — between nine and 14 years. Counsel said Long had pleaded guilty at the earliest opportunity and the judge was operating within the margins for sentencing.
Mr Boland said the sentencing judge took into account past and future rehabilitation but added that “on any account, it is a substantial sentence”.
In re-sentencing Long, Court of Appeal president Mr Justice George Birmingham said there were “directly relevant” previous convictions of aggravated burglary, robbery and attempted robbery that “somewhat swamped” the discount granted for mitigation.
Regarding the plea of guilty, Mr Justice Birmingham noted that the acceptance of a plea to burglary meant that Long did not face a charge of aggravated burglary, for which the maximum sentence was life imprisonment.
Mr Justice Birmingham said: “If the sentencing judge had identified the maximum 14 years, or close to 14 years, as a pre-mitigation headline it is unlikely we would interfere.” The sentence was “unduly lenient to an appreciable extent” for offending that was “very serious indeed”, said Mr Justice Birmingham.
Mr Justice Birmingham said a discount granted by the sentencing judge was “excessive” and that the court would re-sentence Long to “fully reflect all the factors in the case”.
Mr Justice Birmingham said the three-judge court would re-sentence Long to eight years’ imprisonment with the final 12 months suspended.
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