Port man refused appeal in assault case

Port man refused appeal in assault case

A Portarlington man who attacked another man with a golf club, breaking the head off the club after striking the victim three times, has had an appeal against a prison sentence rejected by Portlaoise Circuit Court.

Henry Kerry, 40, of 15 Slí na Móna, Portarlington, was sentenced in the district court last November to eight months in jail for assault causing harm, at the Edenderry Road, Portarlington, on June 24, 2017.

Other charges including possession of a golf club, possession of a piece of wood, and possession of an axe during the course of a dispute, were taken into consideration.

He appealed this conviction at the recent sitting of the circuit court.

At the appeal, State solicitor, Mr Donal Dunne gave evidence that there was a disturbance on that date and the gardaí had to attend the scene, where they spoke to two men.

Mr Dunne said that the appellant swung a punch at the injured party and hit him three times with a golf club, breaking the head off the club.

The appellant then shouted to his partner to get a hatchet and his partner handed the hatchet to a young child who gave it to Kerry.

The appellant swung the hatchet at both men, so they got into their jeep, but then Kerry came out with an axe and threatened them again.

The appellant had 14 previous convictions, including assault, theft, and cruelty to animals.

Defence, barrister Ms Louise Troy accepted that the facts of the case were incredibly unattractive, but the parties had since shaken hands on the matter.

Ms Troy said the accused had paid €500 compensation and handed in a letter of apology.

“His actions were absolutely appalling,” said Ms Troy.

Judge Keenan Johnson said there was absolutely nothing wrong with the district court sentence and struck out the appeal.