THE SENTENCE imposed on a young homeless man for stabbing a male nurse in the neck was not unduly lenient, the Court of Criminal Appeal held yesterday.
In turning down the State’s appeal against leniency of sentence, the Court of Criminal Appeal held that although “at first sight”, the term handed down to Vincent Murtagh “seems lenient indeed”, given the circumstances of the case the sentence was “not unduly lenient”.
Murtagh (25) pleaded guilty to causing serious harm to the nurse, a transvestite, and was sentenced to five years in prison with the last two years suspended by Judge Desmond Hogan at Dublin Circuit Criminal Court on February 6th, 2009.
The court heard that Murtagh, who was homeless at the time of the attack, had gone to the victim’s apartment on June 27th, 2007, a few days after they first met and had engaged in sexual acts.
While there, Murtagh came up behind the victim with a Stanley knife and stabbed him in the neck.
The court was told the attack could have had more serious consequences had it not been for the quick thinking of the victim who wrapped a towel around his neck to stem the bleeding.
He was left with a two-inch scar.
The appeal court described Vincent Murtagh’s personal circumstances as “very tragic” but added that at the time of sentencing, he was making “serious strides to get his life in order”.
The court said it had been the trial judge’s desire that “there would be some light at the end of the tunnel” for the man, and that while the sentence was lenient, it was not in breach of principle.