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Assault teen will serve full term Assault teen will serve full term
(about 7 hours later)
A Londonderry teenager convicted of a sectarian attack which left a man in a coma has failed to have his sentence reduced at the Court of Appeal. The father of a Londonderry man attacked in July 2006 has said there is "a potential murder gang in the city".
Darryl Proctor, 19, admitted inflicting grievous bodily harm with intent on Paul McCauley at a barbecue in the Waterside in July 2006. Paul McCauley, 33, was attacked at a barbecue in the Waterside and has never regained consciousness.
Mr McCauley, 33, has never regained consciousness. On Wednesday, Darryl Proctor, 19, who had previously admitted inflicting grievous bodily harm with intent, failed to have his sentence reduced.
Proctor's lawyers wanted his 12-year term cut by a third so he could serve it all in a young offenders' centre.
Proctor, from the Fountain in Derry, was 15-years-old when he and up to five others attacked Mr McCauley.Proctor, from the Fountain in Derry, was 15-years-old when he and up to five others attacked Mr McCauley.
His defence had argued that the sentence was excessive and said more weight should have been given to his relative youth, the guilty plea, and the fact that others were involved. Mr McCauley's father James said the others involved in the attack had to be pursued.
"When you see your son not being able to move, not being able to communicate, being fed by a tube into his stomach, in need of permanent nursing care, the people that carried out an attack like that should not be allowed to walk free," he said.
"Paul was left for dead and had to be resuscitated on three occasions."
Proctor's lawyers wanted his 12-year term cut by a third so he could serve it all in a young offenders' centre.
They had argued that the sentence was excessive and said more weight should have been given to his relative youth, the guilty plea, and the fact that others were involved.
However, the Court of Appeal in Belfast rejected the case and ruled that the original sentence had been neither manifestly excessive, nor wrong in principle.However, the Court of Appeal in Belfast rejected the case and ruled that the original sentence had been neither manifestly excessive, nor wrong in principle.
"Sectarian assault"
Lord Justice Coghlin said Mr McCauley was still in a minimally responsive state.Lord Justice Coghlin said Mr McCauley was still in a minimally responsive state.
"He has to be fed through a tube and is totally dependent upon nursing staff and carers," he said."He has to be fed through a tube and is totally dependent upon nursing staff and carers," he said.
"There is no potential for any recovery at this stage. He will remain in a low-level conscious, probably vegetative, state and will require full-time care for the rest of his life.""There is no potential for any recovery at this stage. He will remain in a low-level conscious, probably vegetative, state and will require full-time care for the rest of his life."
He added that Proctor had taken part in a "totally unprovoked sectarian assault" that resulted in appalling injuries sustained by Mr McCauley.He added that Proctor had taken part in a "totally unprovoked sectarian assault" that resulted in appalling injuries sustained by Mr McCauley.
"While we accept the sentence was severe the courts have a duty to respond to such sectarian violence by imposing sentences that are severe enough to sufficiently mark the total abhorrence of law abiding society and adequately comply with the requirements of deterrence and retribution," he said. "While we accept the sentence was severe, the courts have a duty to respond to such sectarian violence by imposing sentences that are severe enough to sufficiently mark the total abhorrence of law abiding society and adequately comply with the requirements of deterrence and retribution," he said.
Outside the court Mr McAuley's father James said he was "satisfied" that the sentence had stood.