Co Antrim man jailed for beating ex-partner so badly she suffered swollen brain to have sentence reduced
A Co Antrim man jailed for beating his ex-partner so badly that she suffered a swollen brain is to have his sentence reduced, the Court of Appeal ruled today.
Dylan Black, 27, took part in a violent assault motivated by jealousy which involved the victim being kneed to the face at her home in east Belfast.
Senior judges cut his prison term from seven to six years because of an unjustified difference in treatment with a co-accused who also pleaded guilty to the same offence.
Lord Justice Treacy held: “We consider that something has gone wrong, resulting in substantial unfairness to the appellant.”
Black, formerly of Kensington Mews in Lisburn, admitted charges of grievous bodily harm and other offences in connection with the attack in June 2021.
Previous courts heard he gained access to an apartment complex on the Beersbridge Road where his former partner and 37-year-old co-accused Danielle Carson both lived.
At one point the victim escaped from the building, but was pursued and forced to return to her flat.
Carson was then summoned to the property, with CCTV appearing to show her concealing a small hammer inside her pyjama top.
Both defendants were said to have taken part in the assault before leaving the apartment.
A neighbour reported hearing Carson laughing and saying: “I told you I’d get you.’’
When police arrived at the scene the victim was in a bloodied and confused state, slipping in and out of consciousness and vomiting repeatedly’.
Brain scans carried out in hospital showed soft tissue swelling to her skull along with bleeding and swelling to the front temporal lobe.
The woman also sustained multiple lacerations and extensive bruising to her body along with markings consistent with being inflicted by a shod foot’.
In a statement, she said she had limited recollection of the assault and found it difficult to understand why she had been targeted.
Black previously admitted that he had kneed his ex-partner to the face in an assault fuelled by jealousy.
Carson punched the victim but the prosecution accepted she did not use the hammer.
During police interviews, she claimed the victim was attacked because she was “bringing Catholics to her flat’'.
Both defendants pleaded guilty to causing grievous bodily harm with intent as they were set to go on trial at Belfast Crown Court last year.
Carson was handed a 45-month sentence suspended for three years.
Lawyers for Black appealed the prison term he received, arguing that he did not obtain the same discount for making admissions at the same stage.
Eilis McDermott KC also submitted: “We accept it was a dreadful incident (but the defendant who inflicted) the blow which caused the injury was never identified.”
Granting Black’s appeal, Lord Justice Treacy identified an error in the greater reduction in Carson’s sentence.
“We consider that there is an unjustified disparity resulting in substantial unfairness,” he ruled.
“In these circumstances, we will apply the 25% discount to the benefit of this appellant, which results in the custodial element being reduced by one further year.”
The judge confirmed that Black must still serve a further three years on supervised licence following release from prison. ends