A criminal with 231 previous convictions who threatened to throw ammonia in a female garda’s face, attacked two prison officers has complained that his five-and-a-half-year prison sentence is too high, having previously remarked that "you’d get less for manslaughter".
Michael Farrell (32) had pleaded guilty to two counts of assault causing harm in 2022, one count of threatening to kill or cause serious harm in 2021 and a fourth count of possessing a realistic imitation firearm in a tree at his home in Montpelier Gardens, Dublin 7 in 2020.
At his sentencing hearing, the court was told Farrell launched unprovoked attacks on two prison officers on March 10, 2022 in Mountjoy Prison, striking one with a closed fist to his mouth which required three stitches. A second prison officer intervened to try and restrain Farrell and suffered a fracture to his little finger in the process.
Counsel for Farrell argued that the sentencing judge had erred by giving inadequate weight to the appellant’s personal circumstances, including his acquired brain injury and intellectual disability and the fact that these were likely to add significantly to the intensity of the hardship he experienced in prison.
The State asserted Farrell was a “recidivist criminal” who has amassed over 200 convictions and has spent numerous periods of time in jail.
When sentenced last December, Farrell remarked: “You’d get less for manslaughter,” before he was escorted away by prison officers.
Passing sentence at Dublin Circuit Criminal Court, Judge Elma Sheahan noted that Farrell had acquired a serious brain injury when he was knocked down by a coal truck at the age of six, leaving him with a mild intellectual disability. She sentenced Farrell to six years in prison with the final six months suspended and ordered him to comply with all directions from the Probation Services on his release.
At the Court of Appeal on Friday, July 12, counsel for Farrell, Karl Monahan BL submitted that the sentencing judge in the case took inadequate account of Farrell’s personal circumstances. Mr Monahan said because of Farrell’s “very complex needs” and developmental issues, he was someone who would need considerable time to work with the relevant services.
He suggested the judge erred in failing to give significant regard to the rehabilitation of the appellant, in particular by suspending only the final six months of the total sentence imposed.
Mr Monahan said the appellant’s only previous conviction for violence dated back to when he was 18. He said the threat to the garda was effectively retracted and Farrell had indicated that he had been “frustrated” and that “he never meant to act on it”.
In relation to the totality of the sentence and the discount for mitigation, Mr Monahan said had the judge suspended a further portion of the sentence it would have acted as an incentive during rehabilitation.
“In my respectful submission, six months was too short,” he said.
Mr Monahan also submitted that Farrell’s intellectual disability and brain inquiry were likely to add significantly to the intensity of the hardship imposed on him by prison life. He said this would make imprisonment a more difficult experience for him than for most other inmates.
Counsel said the appellant’s parents were with him in court and supported him fully.
Derek Cooney BL, for the State, said there had been no error in principle on the part of the sentencing judge who he said had taken a “careful approach” and “didn’t rush to judgement”.
Tfhe lawyer said Farrell had previously had 18 months of an earlier sentence suspended but this did not appear to have worked because “he keeps on offending when released from prison”.
“It’s up to Mr Farrell to engage with the system but he doesn’t, he goes back to the same routine committing offences,” he said.
Mr Cooney noted that the threat against the garda and the assaults against the prison officers happened while Farrell was serving a sentence in relation to another matter.
Concerning the argument in relation to the possible hardship suffered by the appellant in prison, Mr Cooney submitted Farrell was a “recidivist criminal” who had amassed 231 convictions and has spent numerous periods of time in jail. He said given the multiple previous convictions and the serious nature of the offences, sufficient mitigation had been employed by the sentencing judge.
The court said it would reserve judgement in the matter.
The court also heard that in March the previous year, Farrell was undergoing psychological assessment at Cloverhill Prison. He
referred to a female garda who had previously objected to his bail, stating that when he saw her he would “throw a bottle of ammonia” in her face. When asked to retract this threat, Farrell responded: “I don’t care.”
The fourth count related to an incident in 2020 when Farrell was in the front garden of his home and pulled up his top, displaying what looked like a firearm to a woman who was driving to work at a local hospital.
During a search of his home the following day, a quantity of drugs were found for which Farrell later received an 18 month sentence. He also told gardaí that they would find the firearm hidden in a tree in his garden.
The weapon was analysed and found to be a realistic imitation firearm.
