A man jailed for attacking two QIH directors in 2019 has had his appeal dismissed.
24 year old, James Bernard McGovern was jailed for three years and three months for attacking Mr Lunney and his colleague Dara O’Reilly at the Apple Green Service Station, near Ballyconnell in February of that year.
In March, McGovern had pleaded guilty to a Section 3 assault against Mr Lunney by repeatedly punching him, and a Section 2 assault against Mr O'Reilly by throwing a cup of boiling water over him they sat at a table in the service station’s dining area.
Counsel for McGovern claimed the sentence imposed by Judge John Aylmer had been too severe.
Dismissing the appeal, Mr Justice Birmingham said he had been struck by the “ferocity and savagery” of the assault against Mr Lunney carried out by a “highly prolific boxer”.
The judge also noted the injuries suffered by Mr O’Reilly might have been more severe if the victim hadn’t been wearing glasses.
Describing the appellant as an “accomplished boxer” who had “rained blows down on” Mr Lunney, Mr Justice Birmingham said McGovern’s fists would be regarded in some jurisdictions as “lethal weapons”.
Mr Justice Birmingham also observed that Mr Lunney had “been a victim of a campaign of violence and intimidation” in a separate case, however, he accepted this offence “was an isolated incident and not connected to other matters”.
The jail term imposed on McGovern was said to be "within the margin of appreciation” and the judge therefore dismissed the appeal.
