Friday, October 22, 2021 | 7.6°C Dublin

As there is no probation report, the appeal case was postponed to December

The President of the Court of Appeal told a man who broke the policeman’s finger after biting a police officer in a court battle and that he must “go all out” to avoid imprisonment.

On March 31, 2018, Brandon Power (22 years old) of St. Joseph Road, Newtownmountkennedy, Wicklow, was sentenced for another incident when he slammed Garda at the Wicklow Circuit Court · Trevor Devereux (Garda Trevor Devereux).

Bauer later admitted to assaulting Gda Devereux and was sentenced to one year in prison on April 11, 2019, suspended for 12 months.

However, the Attorney General (DPP) appealed the judgment of Judge Terrence O'Sullivan, saying that the sentence was too lenient.

Important local stories from Garden County, sent directly to your inbox every week

Enter your email address This field is required to register

The appellate court later agreed with the DPP’s opinion and requested a background report on March 15 to help them decide on an appropriate sentence.

The President of the Court, Justice George Birmingham, Justice Patrick McCarthy, and Justice Irene Donnelly will evaluate these reports today (October 12).

However, after the court was told that the latest Power probation report could not be obtained, the case was postponed until December. After being told that it would take six to eight weeks to prepare a probation report, the Birmingham judge adjourned the sentence until December 13.

In a speech to the power, the president of the court said: "This is a very serious problem and no promises have been made. You must do your best."

Earlier, Power’s Justin McQuade BL told the hearing that his client had been participating in probation services since the last adjournment and attended all the meetings he arranged.

At the hearing in March, the Birmingham judge stated that the attack on the court guard was "extremely serious" and warned Ball that even if he actively participates in probation, he will face imprisonment.

Bauer was also told that if he did not cooperate, he "may be severely punished" and that he "has an important task to persuade the court to have any basis for leniency."

The Attorney General’s James Kelly BL stated that Bauer “did not really participate in the court’s recommendations in a meaningful way”.

At the Bauer sentencing hearing, Gda Devereux said he was worried that his attacker had bitten off his finger, and he had never felt this pain.

The police also told the court that he heard his fingers snap during the attack.

Mediahuis website © Independent.ie