Ireland / Court of Appeal / DU 580/14 / The People at the Suit of the Director of Public Prosecutions v. Aaron Shattock

Country

Ireland

Title

Ireland / Court of Appeal / DU 580/14 / The People at the Suit of the Director of Public Prosecutions v. Aaron Shattock

View full Case

Year

2016

Decision/ruling/judgment date

Friday, February 26, 2016

Incident(s) concerned/related

Violence

Related Bias motivation

Race/Ethnicity

Groups affected

Third country nationals

Court/Body type

National Court

Court/Body

IECA, Court of Appeal

Key facts of the case

This case relates to the conviction of a man for an assault on another man perceived to be a third country national or migrant following altercation in which the victim and his friend had been tainted with racist language. The assault resulted in the victim sustaining a serious injury to his eye resulting in loss of sight in that eye. The case was an appeal against the severity of a sentence of three and a half years imprisonment with the final eighteen months suspended for assault causing harm. During the altercation, the term 'Paki' was allegedly used by members of the assaulting group though not necessarily the appellant.

Main reasoning/argumentation

The Court noted that mitigation in this case was so extensive that the sentencing judge remarked that the appellant had “perfect mitigation”.

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

There are no key concepts clarified by this case. From the report it cannot be determined if the racist element within the case was considered by the Court when sentencing. The Court of Appeal said very little regarding the racist element, except to observe that the appellant was not the initiator of the racial abuse.

Results (sanctions, outcome) and key consequences or implications of the case

The court reduced the original sentence of 3.5 years with the final 18 months suspended to 3.5 years with the final two years suspended.

Key quotation in original language and its unofficial translation into English with reference details

"Although the court accepts that the appellant did not intend the outcome and was not the initiator of the racial abuse that formed a backdrop to this attack, this was a case that required to be marked by an immediate prison sentence."

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