State appeals sentences given to Waterford men who beat victim with sledgehammer

The sentences imposed on two Waterford men who held their victim captive for eight hours, slashed his face, assaulted him with a sledgehammer and discussed killing him before gardaí intervened was unduly lenient, the State has argued.

The Court of Appeal heard today that the victim was subjected to a “sustained” attack during the ordeal.

He was repeatedly beaten, had his face slashed and was thrown against a wall.

He was also forced to withdraw money from an ATM and collect prescription medication from a pharmacy, which was then confiscated by his attackers.

The victim suffered extensive injuries, including bruising to his face and fractures to his nose, eye socket and cheekbone.

Items seized following the attack included knives, scissors, a lamp, a broken sledgehammer, brushes with broken handles and other implements.

Danny Tom Harty (22), of Shandon Halting Site, Dungarvan, Co Waterford pleaded guilty to assault causing harm, robbery, aggravated burglary, false imprisonment and demanding money with menaces on February 8, 2024 at Thomas Terrace, Co Waterford with two further counts of robbery taken into consideration.

He also pleaded guilty to robbery on April 25, 2023 and a further robbery and two criminal damage counts, with a production of an article – a slash hook - to be taken into consideration, arising out of incidents on July 30, 2023.

Danny Tom Harty was on bail when the aggravated burglary occurred.

He was sentenced to eight years by Judge Eugene O’Kelly at Waterford Circuit Court on June 20, 2025.

The judge imposed a term of seven years and six months with the final two and a half years suspended for the February 2024 offences and a consecutive sentence of three years for the robbery on April 25, 2023.

Concurrent 18-month sentences were imposed in respect of the robbery and criminal damage offences which took place on July 30, 2023.

Tom Harty (27), also of Shandon Road Halting Site, also pleaded guilty to assault causing harm, robbery aggravated burglary, false imprisonment and demanding money with menaces on February 8, 2024 at Thomas Terrace, with two further counts of robbery taken into consideration.

He was jailed for seven years and six months with the final year suspended.

The court heard that gardaí received a call on February 8, 2024, from a man who reported that his son was being assaulted at his home in Dungarvan by two men.

When gardaí arrived, they heard a disturbance inside the property and found the victim with extensive injuries. He was taken by ambulance to University Hospital Waterford for treatment.

In a detailed statement, the victim said he awoke in the early hours of the morning to find Danny and Tom Harty in his bedroom. Both men were known to him.

Danny Harty began to attempt to stab him multiple times in the chest and shoulder area. The men fought for possession of the knife, which broke.

Tom Harty then used the bladed part of the weapon to cut the victim’s face.

The victim told gardaí that both men then escorted him to another room in the house, where they assaulted him with a sledgehammer.

Danny Harty held him down while Tom Harty hit him into his legs using the hammer.

At around 9am, the men brought him to an ATM and forced him to withdraw €300 from his bank account before making him collect a prescription which they then took from him.

The victim was brought back home where the two men again assaulted him, punching him in the face and head.

Danny Tom Harty grabbed the victim by his ears and began banging his head off the walls before stabbing him in the right palm with a steak knife.

The men eventually agreed to get him medical attention and were captured on CCTV entering the hospital shortly before 11am.

The defendants subsequently returned with the victim to his home where the assault resumed again, with victim punched, head-butted, beaten with a lamp and stabbed in his left palm.

At 2pm, the injured party was forced to call his father and request €1,000. The men threatened that he would be killed if the money wasn’t paid that day.

The men then discussed killing the victim, saying “come on and we’ll kill him. No one will know”, before arming themselves with knives.

It was at this point that gardaí intervened, having been contacted by the victim’s father.

The victim told gardaí he believed he was going to be killed at this point if it wasn’t for their intervention.

In seeking a review of the sentences imposed on the two defendants today, Conor O’Doherty SC, for the Director of Public Prosecutions, said the incident on July 30, 2023 related to an attack in which Danny Tom Harty and other individuals came to a property in the middle of the night with a slash hook in the context of feud activities and a number of windows were smashed.

He said Danny Tom Harty was on bail for these and other matters when the aggravated burglary and false imprisonment occurred.

Mr O’Doherty said these incidents were “serious and separate offending” with a consecutive element necessary.

He said the effective sentence of eight years imposed on Danny Tom Harty was “a significant departure” from what would be considered an appropriate sentence, noting the defendant was also the subject of a suspended sentence for an unrelated matter at the time.

He said this had been a “targeted attack” on a vulnerable man who was assaulted in a “sustained” way involving knives and other implements.

He said this was an “extremely serious and traumatic ordeal perpetrated on the victim” who was put in fear for his life when he heard the two defendants discussing whether they would kill him. The defendant was 19 at the time with “a long string of criminal behaviour”.

Mr O’Doherty argued the sentence imposed on Tom Harty was also unduly lenient. He said the defendant had 42 previous convictions at the time and was also the subject of a suspended sentence.

Tim O’Leary, representing Danny Tom Harty, said that while the sentence imposed could be described as lenient, it did not meet the threshold to make it unduly so.

David Bulbulia SC, representing Tom Harty, also argued his client’s sentence was not unduly lenient.

Mr Justice Patrick McCarthy said the court would reserve judgment.