Limerick man jailed following 'traumatic and life-changing' assault on former friend
The victim said that Mr O’Donoghue did not only break his jaw but broke his confidence also
A LIMERICK man has been jailed after breaking his former friend’s jaw during a “traumatic and life-changing” attack.
Paul O’Donoghue, aged 40, with an address at Lenihan Avenue, Prospect, Limerick, was found guilty of assault causing harm and production of an article following a trial at Limerick Circuit Court. He has been in custody since May 1 of this year.
During a sentencing hearing, Judge Fiona O’Sullivan heard that on the night of April 6, 2019, Mr O’Donoghue and his then partner headed to a friend’s house, located at Oak Crescent in Newcastle West, to socialise.
The victim also attended this home and Limerick Circuit Court was informed that the group played darts, pool and were drinking.
Giving evidence, investigating garda John O’Connell, of Rathkeale garda station, said at one point during the night, Mr O’Donoghue became suspicious that he was being talked about behind his back and, some time later, he approached the victim, raising his fists.
The owner of this home said Mr O’Donoghue had pinned the victim to a chair and that he had to stand between the two to stop the Prospect man from hitting him.
It was heard that following this, Mr O’Donoghue wanted the victim to leave this house but that he would not, as he felt he had done nothing wrong.
Prosecuting Barrister Lily Buckley, instructed by State Solicitor for County Limerick Brendan Gill, told the court the victim was “hurt” by this as he had been friends with the defendant.
Judge O’Sullivan was informed that the victim did leave due to safety concerns and headed to his home, which was located in very close proximity.
In a statement read to Limerick Circuit Court, the owner of the home where the incident occurred, said he then observed Mr O’Donoghue with a pool cue in his hand. The homeowner and others at the premises tried to de-escalate the situation but at about 4am, he followed the victim outside and struck him with it.
Following the incident, the victim received a number of text messages from Mr O’Donoghue. In the first, which came at 5:29am, the defendant told the victim he loved him and wished him sweet dreams. 10 minutes later, he sent a similar message. The final text came shortly after, where O’Donoghue said the victim had attacked him for no reason.
Ms Buckley said it was the State’s case that the now 40-year-old sent these messages in an attempt to “re-write history.” It was the victim’s belief that Mr O’Donoghue was trying to “cover his arse,” as outlined in a garda statement previously.
Following the single-blow to the victim’s face, a tooth fell out immediately. His jaw was broken and a five-hour surgery was required to repair it, which entailed having a steel plate and two screws inserted. The court heard that he was on a soft food diet for two months following the procedure and that he also had to have two molars removed.
Paul O’Donoghue was arrested and charged on May 26, 2020. He has 42 previous convictions, including 15 for public order, three for criminal damage, eight for possession of drugs, two for theft, eight for road traffic offences and six for failure to appear in court. Two of the offences were committed while he was on bail for the assault matter.
In a victim impact statement, the injured party said the assault was “traumatic and life-changing" for him and that living with the consequences of Mr O’Donoghue’s actions has been "devastating."
The victim said the plate in his jaw is a “permanent reminder” of the incident and that he struggled to leave his house in the aftermath. He said that Mr O’Donoghue did not only break his jaw but broke his confidence also.
Representing the defendant, Joseph McMahon, BL, said his client is on an “enhanced regime” in prison, where he works in the print shop. Mr O’Donoghue moved back in with his father following the offence and the court was told he accepts the jury’s verdict but has a different perception of the events.
Mr McMahon said his client wishes to apologise "unequivocally" to the victim, who was a “good friend” of his and regrets it ending as it did. He further asked that Judge O’Sullivan grant the man “some light at the end of the tunnel” when sentencing. A handwritten letter was also presented to the court.
It was the defence case that this was a “momentary lapse in judgement” for the Prospect man and that it was not a “prolonged attack” considering it was a single strike. It was heard that Mr O’Donoghue turned to alcohol “as a crutch” while going through a difficult time and is now willing to engage with services.
In sentencing, Judge Fiona O’Sullivan noted that while Mr O’Donoghue is doing well in custody, he does find prison to be “difficult” overall. She said it was clear that the defendant was the aggressor during the “vicious” attack and that “there was force” behind the incident, which left the victim with "significant" injuries.
The judge also took into account Mr O’Donoghue’s mitigating factors, which included his willingness to engage with the probation service upon release, his “stable” relationship, two children and letter to the court.
On the assault charge, Judge O’Sullivan imposed a headline sentence of three years and six months imprisonment. She reduced this by six months before suspending the final 12 months for a period of one year.
Judge O’Sullivan set a headline sentence of three years on the production of an article charge, which she reduced by six months after taking the mitigating factors into account. The judge then suspended the final six months for a period of one year.
Two bonds were issued to Mr O’Donghue in respect of both counts, set at €300 each. He was ordered to pay these bonds, engage with the probation services post-release, be of good behaviour and keep the peace.
The sentences will run concurrently, meaning Paul O’Donoghue will serve the terms at the same time.
The two-year sentence will be backdated to May 1 of this year, when he entered custody.