THE DPP is appealing against the leniency of a sentence for a vicious Temple Bar assault.
Mark Cummins (35) of St Teresa's Gardens, Donore Avenue, Rialto walked free from court in January 2010 after he was convicted of a violent attack on Conor Shaw in April, 2006.
Army corporal Mr Shaw (34) suffered horrendous injuries, leaving him consigned to a desk job and suffering with non-stop headaches.
Cummins had pleaded guilty to assault causing serious harm on Easter Sunday, 2006, in Temple Bar and was given a four-year suspended sentence.
At his trial, Det Garda Brendan Supple told a court how Cummins kicked his victim "full force" in the face about five times in the attack.
Mr Shaw was kicked until he became unconscious at the Central Bank Plaza after 'something funny' was said about his attacker's brother's hair.
The attack followed a scuffle between Cummins and his brother on one side, and Mr Shaw and his friend on the other. The scuffle had ended when Cummins returned and attacked Mr Shaw.
The victim's hobbies had included hang-gliding, sky diving and mountain climbing, but since the assault he has led an inactive and painful life. The judge in the case, Mr Justice Desmond Hogan said that he did not wish to impose a custodial sentence because he believed Cummins was "unlikely to reoffend".
He was ordered to carry out 240 hours community service, get treatment for his alcohol addiction and mental health, and keep the peace and be of good behaviour for four years.
The DPP was unhappy with the decision and applied for an appeal under Section 2 of the Criminal Justice Act 1993 in order to appeal to the Court of Criminal Appeal. The case is to be heard in the court of Criminal Appeal on March 10.
Cummins, who had drunk eight pints and a dozen bottles of beer that day, handed himself into gardai 10 days after the attack, was featured on Crimeline.
Mr Shaw suffered cranial and facial injuries and a depressed fracture of the frontal bone beneath his forehead.
He underwent neuro-surgery and was hospitalised for five weeks after the "life-changing experience" which left titanium plates in his head.