A STONEmason who admitted breaking another man’s jaw after he punched him in the face was remanded in custody following a sentencing hearing.
David ‘Bobby’ Daly, aged 26, of Cahernagh, Tullylease, Charleville pleaded guilty to assaulting Sean Aherne, 35, causing him harm during an incident at Lee’s Pub, Newcastle West on February 9, 2013.
During a sentencing hearing, Garda Eric O’Shea said Mr Aherne had been out socialising when he was approached by the defendant at around 9.30pm who asked if he could use a bar stool which was next to him.
He then put his arm around Mr Aherne and, without provocation, hit him in the face.
Garda O’Shea said the injured party lost two teeth as a result of the attack and required extensive surgery afterwards.
The court was told the married father of two young children suffered an “awful lot of discomfort” following the surgery and that he has suffered from low esteem since and continues to be very nervous when leaving home.
He also suffered financially having spent more than €8,300 on medical procedures.
Laurence Goucher BL, defending, said his client had consumed a “considerable amount of drink” on the night and he described the offence as a “one-punch incident”.
He said Mr Daly, who comes from a decent family is “deeply upset and ashamed” at what he did and has raised an initial sum of €3,000 in compensation.
“He is shocked at the amount of damage he did,” he said adding that his client is “old enough to know better”.
He added that “common sense flies out the window” when his client drinks but that he had made admissions when questioned by gardai and had pleaded guilty.
Judge Carroll Moran said the €3,000 raised by the defendant was “totally inadequate” given the serious injuries sustained by Mr Aherne.
He said he was concerned that Mr Daly has a previous conviction relating to another assault in Newmarket, County Cork in December 2007 during which another man’s jaw was broken.
He noted the assault at Lee’s bar had happened while the defendant was serving a suspended sentence relating to the previous assault but that the sentence could not be activated as his guilty plea was entered after the period of suspension had expired.
The judge added that the defendant has a serious drink problem which as to be addressed.
Mr Daly was remanded in custody until this Friday when sentence will be handed down.