A Co Antrim carpet fitter who carried out a “cowardly and unprovoked attack” on a pub doorman knocking out two of his teeth has had his prison sentence reduced to a probation order.
The Court of Appeal today (Monday) said the 26 month sentence handed down to Andrew Coffey was “manifestly excessive”.
The 27-year-old, c/o Magilligan jail in Co Derry, had appealed against the sentence handed down at Craigavon Crown Court in February this year.
Before the appeal was launched, Lady Chief Justice Siobhan Keegan, sitting with Mr Justice Colton, watched CCTV footage of the assault on December 4, 2021, outside licensed premises in Lisburn, before his arrest by police. The Court of Appeal heard that en route to custody, Coffey “headbutted” a police officer.
Coffey has a previous conviction from 2014 for an assault on a nightclub doorman who sustained a fractured jaw. Defence barrister Aaron Thompson told the Court of Appeal that it was a “cowardly and unprovoked attack” fuelled by alcohol after he was refused admission to the premises.
He argued that the 26 month sentence imposed, divided equally between custody and probation, was “manifestly excessive” and that the 30-month starting point for sentencing before a discount was applied for a guilty plea was “too high”.
Mr Thompson contended that the starting point should have been 18 months to two years.
“The appellant has already served five months in custody which is equivalent to a ten month sentence.”
He added the appellant had expressed “demonstrable guilt and remorse” for the assaults, he suffers from ADHD and he had attended a 12-week course to deal with his drug and alcohol issues.
The defence barrister argued that a two-year probation order could be imposed instead of the 13 months post custody licence to deal with the appellant’s addiction and mental health issues. Prosecution barrister James Johnston argued that the sentence was not manifestly excessive as during the assault there were “two punches to the victim who was defenceless with his hands in his pockets”.
“This victim was an employed person doing a public duty. The applicant was intoxicated and he was intoxicated on his previous conviction when he broke someone’s jaw.
“The assault on police in this case is a different kettle of fish as it was an assault by surprise with the use of his head and there could have been an intention to cause more serious harm.”
Allowing the appeal, Lady Justice Keegan said: “We think in this case that, whilst the trial judge did take into account all the relevant factors, he did reach a sentence on a totality basis which we think was manifestly excessive.
“Because the defendant has already served five months in custody, we can see the benefit to the public of imposing a different order, a two year probation order, because of the exceptional circumstances of this case.
“This court deprecates behaviour of this nature by way of assault on the public and police under the influence of alcohol. However, this court also recognises that our society would benefit from people seeing the error of their ways.”
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