Court - Portarlington man wins appeal against sentence for two assaults

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Court - Portarlington man wins appeal against sentence for two assaults

A Portarlington man has successfully appealed a prison sentence for two assaults.

Joseph Hennessy, 66 Na Cluainte, Portarlington, was sentenced in the district court to six months in prison for an assault in 2013 and one in 2014.

On June 8, 2014, in Portarlington, the appellant was involved in a road traffic incident and left the scene.

The injured party followed him home, and while he was getting details Hennessy struck him with a bat.

When questioned, the appellant said he didn’t remember using a bat and claimed he thought he had used his fist.

There was a separate assault charge going back to 2013.

In this matter, on July 20, 2013, at Killenard, Portarlington, Hennessy punched a man in the face and kicked him while on the ground, causing bruising to his left eye socket.

The injured party made a full recovery.

When Hennessy first appeared before the circuit court in February to appeal the prison sentence, the court was told that since the assaults he had contracted bacterial meningitis which had left him with such profound neurological issues his own wife described him as “a totally changed person”.

After hearing all the evidence in February, Judge Keenan Johnson humanely ordered that €1,000 compensation Hennessy had brought to court for the victims of his assaults should be given to his own wife.

Judge Johnson then adjourned the case to December 6, to see how the appellant was progressing.

When the case returned to the circuit court recently, defence barrister Ms Geraldine Fitzpatrick said there were three up to date reports on the appellant, and he had continued under supervision as directed by the court.

The appellant’s daughter, Miss Orla Hennessy took the witness box to say that her father has been keeping his appointments and has improved since the last court appearance.

She said that her mother had received the €1,000 as directed, spending it on jobs in the house and some on herself.

In light of this, Judge Johnson said he would suspend the district court sentence of six months for two years, on condition Hennessy enter into a peace bond and comply with all medical advice.

Judge Johnson wished the appellant well in his progress.