A MAN bit off part of the right ear of a security man after being refused entry to a pub must serve time in prison due to the serious nature of the assault, the Court of Criminal Appeal has ruled.
The three-judge court yesterday upheld arguments by the DPP that a three-year suspended sentence imposed on David Foley for the offence was unduly lenient and sentenced Foley to six months in prison.
Foley (41), a father of two, of Broadstone Avenue, Phibsborough, had pleaded guilty at Dublin Circuit Criminal Court in 2007 to assaulting Justin Kneeland at Eamonn Doran’s Pub in Temple Bar on February 1st, 2004.
Foley was given a three-year prison sentence by Judge Donagh McDonagh which was conditionally suspended for five years. Foley also handed over €1,500 compensation for his victim.
Allowing the DPP’s appeal against leniency of sentence, the Chief Justice, Mr Justice John Murray, sitting with Mr Justice Patrick McCarthy and Mr Justice Daniel O’Keeffe, said the court was concerned that no period of custody had been imposed for “such a serious assault” which was “gratuitous and unprovoked”.
He said the appeal court would limit the prison term to six months on grounds including the offence having occurred more than five years ago and delays in prosecution.
The appeal court went on to quash the original sentence and substitute it with a two-year sentence, of which the the final 18 months were suspended.
The court earlier noted that Mr Kneeland was working as a security supervisor at the time of the offence and was leaving Eamonn Doran’s when he met with Foley who was intoxicated.
He was also agitated as a result of been refused entry to the pub. Mr Kneeland tried to calm him but Foley lashed out.
Foley grabbed Mr Kneeland’s arms, pushed him, bit down on his ear and tore off the flesh before spitting the piece of ear out on the ground. Other doormen had helped to restrain Foley.
The piece of ear was put on ice and handed to paramedics. Mr Kneeland was taken to hospital where he was told the ear could not be reattached.
The court also heard Foley had 17 previous convictions from 1981 to 1994 for drugs, robbery and road traffic offences.
