Man who burned pregnant girlfriend gets extended sentence

A man who poured boiling water over his pregnant girlfriend, after first adding sugar to the water increasing its boiling point, has been given extra prison time by the Court of Appeal.

Michael Lynch (25), had pleaded not guilty to assault causing harm to Tara Byrd (25) at their house on the Old Youghal Road in Cork on July 27th, 2015. Ms Byrd was more than four months pregnant at the time.

A jury at Cork Circuit Criminal Court found him guilty of assault but acquitted him of making threats to kill on the same occasion. He was sentenced to 2½ years imprisonment by Judge David Riordan on June 7th, 2016.

On Thursday, Lynch lost an appeal against his conviction on all grounds and, in a cross-appeal, the Director of Public Prosecutions successfully sought a review of his sentence on grounds that it was “unduly lenient”. His jail term was increased by 18 months.

Giving judgment in the Court of Appeal, Mr Justice Alan Mahon said Lynch had been living with the victim at the time of the incident and had caused her severe injury. Ms Byrd suffered third-degree burns to her left leg, spent some 10 days in hospital and underwent skin graft surgery. She has been left with severe scarring.

Immediately after the incident, Ms Byrd said she spilled the boiling water over herself as she was making coffee. Four days later, she told her father that Lynch was responsible. When interviewed by gardaí, Lynch stated that Ms Byrd was responsible.

Ray Boland, for the DPP, argued that the sentencing judge erred in placing the severity of the assault at the mid-to-high range rather than at the high range.

‘Merciless assault’

Mr Justice Mahon said the offence was particularly serious and a “pre-meditated, callous and merciless assault on an innocent woman in a domestic setting”.

“The fact that sugar was added to the water before it was boiled places the gravity of the offence at the very highest level . . . in reality, it amounted to torture”.

Mr Justice Mahon said the Court of Appeal believed the offence warranted a headline sentence at the maximum of five years.

The mitigating factors included Lynch’s difficult personal circumstances and his relative young age of 24.

Mr Justice Mahon said it appeared that the sentencing judge treated as a mitigating factor the fact the offence was not committed while on bail in relation to another section 3 assault conviction.

On the contrary, Mr Justice Mahon said, a previous conviction can never be a mitigating factor. In many instances it will be an aggravating factor.

“With some reluctance” and giving Lynch greater benefit for the mitigating factors than “perhaps they probably deserve” the court suspended the final 12 months on condition he entered into a good behaviour bond for the suspended period. Lynch accordingly undertook to be so bound.