Bail for robber who assaulted victim with hammer

A DRUG addict with 46 previous convic- tions who broke into a house and viciously assaulted the occupant with a hammer has been granted bail.

David Emerson pleaded guilty to assault causing harm. He was also armed with a screwdriver during the incident.

The 28-year-old was granted bail pending an appeal against his 16-month sentence.

The Court of Criminal Appeal yesterday said there could be a more ‘appropriate approach’ to sentencing Emerson than that adopted by Judge Martin Nolan earlier this month.

During the June 21, 2012 attack, Emerson was caught armed with a hammer and screwdriver by the caretaker of the house. The victim chased Emerson out and grabbed him but Emerson hit the caretaker over the head repeatedly with the hammer in what Judge Nolan described as a ‘vicious assault’.

However, Emerson’s lawyer argued Judge Nolan failed to give due regard to the option of suspending part of Emerson’s sentence.

Michael Bowman said there was evidence at the sentence hearing that Emerson had made significant progress with rehabilitation for his drug habit, had undergone a significant change in attitude and was living an independent lifestyle in accommodation organised by the Father Peter McVerry Trust.

Mr Bowman said that the CEO of the Father McVerry Trust described Emerson as ‘brave and determined’ and had put distance between himself and his past behaviours.

A suspended sentence would break the cycle of offending, give meaning to the concept of rehabilitation and afford Emerson the opportunity to ‘grasp the ball with both hands’, Mr Bowman argued.

He said that although Emerson had tested positive for cocaine last month and for cannabis in March, he had voluntarily asked for help with this, demonstrating a significant shift in attitude.

Presiding judge Mr Justice Frank Clarke said that an apparent course of action would be to impose a ‘significantly larger’ sentence but to suspend this on strict terms designed to ensure Emerson’s continued compliance with drug rehabilitation. He said that the court had concluded there was a realistic prospect that there was an error in principle in Judge Nolan’s approach to sentencing and the appeal court may take a different view on how to structure an appropriate sentence.

Mr Justice Clarke said that Emerson should be admitted to bail on a number of conditions, including that he continue on his drug rehabilitation programme and reside at accommodation in West Dublin provided by the Father McVerry Trust.

Emerson must also observe a curfew between 10pm and 9am, sign on weekly at Blanchardstown Garda Station, remain sober and stay away from the location of the offence at Kilshane Cross, Finglas, Dublin, he said.