A NEWCASTLE West man who violently attacked another man in the street, kicked him in the head and stole his mobile phone has been jailed.
Michael Kenneally, aged 21, of Sharwood, Newcastle West pleaded guilty in June to assault causing harm and robbery of another male on Bishop Street, Newcastle West in the early hours of November 6, 2011.
Kenneally was sentenced at Newcastle West Court last Friday after a judge was told that the defendant has failed to engage with the probation service and “continues to suit himself”.
The court previously heard that at 3.20am on the date in question a male was walking along the street when he was set upon by Kenneally, who knocked him to the ground and kicked him in the head, fracturing the victim’s cheekbone.
Kenneally then stole the victim’s mobile phone and €30 in cash before fleeing the scene.
Kenneally was identified using cctv, as the victim was unable to identify his attacker. Kenneally later admitted to the offences under garda questioning.
Speaking in court last Friday, defence solicitor Kate Cussen said that Kenneally “wishes to stay out of trouble” and deal with his alcohol and substance abuse problems.
The attack was previously described as a random assault, however Ms Cussen said that Kenneally claims that he and the victim “exchanged words” prior to the incident.
The court heard that Kenneally has a total of 15 previous convictions, including a two month prison sentence in July last year for criminal damage. He also has convictions for drink driving, possession of drugs, theft, public order and road traffic offences.
Judge Mary Larkin said that since the case was last before the court, Kenneally has refused to engage with the probation service.
Supt Dan Flavin said that the gardai are “not confident” that Kenneally will engage with the probation services in any way moving forward.
Ms Cussen admitted that Kenneally has said that he will be unable to deal with the probation service “in the next few months”.
Judge Larkin replied “is this man unemployed? If he is, he has nothing else to do but engage with the probation services”.
Ms Cussen said that Kenneally’s drinking on the night was “the exacerbating factor”, and that the defendant is “willing” to pay the victim compensation “over time”.
Judge Larkin said that “I find it almost impossible to deal leniently with assaults of that type”.
She handed Kenneally a three month prison sentence for assault causing harm. The other charge of robbery was taken into consideration.