Prison sentence for man who bit off part of victim’s thumb in assault outside Limerick hotel

A FATHER-of-four who admitted biting off part of another man’s thumb during a dispute on the grounds of a Limerick hotel has been jailed.

Damien Conway, aged 47, of Kilteragh, Dooradoyle, Limerick, had pleaded guilty to assaulting Dean Burke on October 23, 2022.

Limerick Circuit Court heard the incident took place on a roadway at the Woodlands House Hotel, Adare at around 12:10am. Oktoberfest, a German-themed beer festival, was being celebrated that night.

Judge Fiona O’Sullivan heard there was a dispute between Dean Burke and others sometime prior to the incident regarding drinks which were allegedly taken from another table.

The court was told that after Mr Burke and his friends decided to leave the hotel, he got into the rear passenger seat of a Ford Focus car.

As this car approached a crossing on the grounds, Mr Conway appeared in front of it on the road.

READ ALSO: Christy Keane remanded in Limerick Prison as book of evidence is prepared

Sean Donegan, a passenger seated beside Mr Burke, told gardai the victim rolled the car window down and began shouting at Mr Conway to move.

Mr Burke was then approached and punched through the window multiple times.

While the altercation was taking place, the driver decided to accelerate the vehicle in an attempt to leave.

Mr Conway grabbed onto the window while also holding Dean Burke’s wrist. He ran alongside the car as it drove for 74 metres.

After the defendant let go and fell, Dean Burke felt a sharp pain in his left hand and noticed part of his thumb, from the nailbed upwards, was gone.

He could make out two “bucked teeth” marks on it.

These marks were described as looking like someone had taken a bite out of a cake.

Mr Burke attended University Hospital Limerick and the severed thumb was retrieved the next day.

However, it was not possible to re-attach the severed portion and he underwent surgery to formalise the amputation.

READ ALSO: Man admits threatening to post intimate images of his ex at Limerick court

A doctor who assessed Mr Burke classed this as a “traumatic” partial amputation.

Mr Burke told gardai he believed Mr Conway grabbed him because he either wanted to pull him out of the car or get into the vehicle.

The victim has struggled in the aftermath of the incident, experiencing issues with sleep, phantom pains as well as flashbacks.

The injury has affected his daily life as his thumb is highly sensitive and cuts easily. He struggles using some utensils and tying his shoelaces can be a challenge.

Mr Conway went to gardaí after the incident and voluntarily gave his clothing to them days later. The father-of-four said he thought the group in the car had been drinking and shouting at his wife.

He told gardai he remembered the vehicle going fast and his feet being dragged with it but that much of his memory is blank.

While Mr Conway, who has no previous convictions, “was well on it” by his own admissions. He said he had consumed a “normal amount” of alcohol on the night.

Despite having marks on his face, he initially denied hitting and biting Mr Burke but as the interview progressed, became more open to such a possibility.

When asked directly if he bit the victim, he replied: “That’s the million dollar question.”

Mark Nicholas SC said his client is a family man who works in construction. He said he is a “decent fellow” and accepts he must have carried out these acts despite having no memory of it.

He added that €10,000 in compensation had been offered to the injured party and that it had been accepted.

Dean Burke, the court heard, recently returned to hurling with his club and is trying not to let his “disfigurement” bring him down.

Imposing sentence, Judge O’Sullivan said she was satisfied the man’s offending fell into the mid to upper range of seriousness and she set a headline sentence of four years and eight months’ imprisonment.

She said it was her view that the incident arose out of fear and panic and that what occurred on the night “appears to have been a one off, albeit a serious, offence” for Mr Conway.

Judge O’Sullivan took into account Mr Conway’s secure employment, lack of previous convictions, early guilty plea, his low risk of re-offending and the fact that he has not come to garda attention since.

The judge also noted the aggravating factors included the "viciousness" of the offence and the traumatic amputation of part of the victim’s left thumb

Taking all facts into consideration, Judge O’Sullivan reduced the sentence to one of three years and six months’ imprisonment, with the final 12 months suspended on a bond of €300 as long as Mr Conway be on good behaviour and keep the peace.

“The physical reminder (of the incident) will always be there, with permanent disfigurement,” she noted, in regards to the victim, Dean Burke.