Man punched and kicked during serious assault
TWO Monasterevin men punched and kicked another man on the ground, causing the injured party bruising and cuts requiring stitches in what Judge Catherine Staines described as an extremely serious assault for which there was no excuse.
Emmett Kelly, of 665 Old Grange Avenue, and Johnathan Malone, 7 The Drive, St Evins Park, were both charged with assault causing harm, at Dublin Street, Monasterevin, on June 1 this year.
Inspector Martin Harrington told the district court that the injured party was walking along with a friend when he heard footsteps coming up behind him. The two defendants attacked him, punching and kicking him on the ground. The court heard that the victim was left with bruising and required two stitches.
Malone has six previous convictions, Kelly has none.
Defence, Mr Declan Breen said his clients had been in a car when they happened upon the injured party, who owed one of the men money. They got out to remonstrate and the victim was punched and assaulted, in what Mr Breen described as “a reprehensible thing to do”.
Mr Breen told the judge that his clients each had €100 compensation in court, which was “a gesture of intent” toward the injured party.
In mitigation, Mr Breen said that Malone had started using drugs at 15 and he suggested that Malone would be willing to undergo urine analysis if the court gave him a chance.
“What have drugs got to do with kicking and punching someone on the ground?” wondered Judge Staines. “This was an extremely serious assault, a young man was set upon with no excuse.”
The judge sentenced Malone to six months’ detention, with six months’ post-release engagement with the probation service. A cash bond of €100 was set in the event of an appeal.
Judge Staines said that Kelly should also be going to jail, but as he has no previous convictions she wants to see a victim impact statement before finalising the matter and the case was put back to November 15. She also ordered that compensation be paid to the injured party.
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Thursday 20 June 2013
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