Young man smoking outside Limerick pub left with brain injury after ‘vicious attack’
A YOUNG man suffered “a significant and serious brain injury” after he was viciously assaulted in an unprovoked attack with a bottle of vodka while smoking outside a Limerick city pub.
The accused, who had just turned 17 at the time of the incident, pleaded guilty to assault causing serious harm. The victim was aged in his early 20s at the time.
Prosecuting barrister John O’Sullivan, instructed by State solicitor Padraig Mawe, outlined the case with the assistance of Garda Patricia McCormack during a hearing at Limerick Circuit Court.
Mr O’Sullivan said the event occurred in the vicinity of Pharmacia bar on Sarsfield Street, Limerick city at 10.30pm on January 30, 2020.
“The victim was on a night out with some friends. He was outside having a cigarette. He was approached by two males. There was an exchange. The males left the scene.
“The two then came back from around the corner. The victim gave them a thumbs up - there was nothing threatening or hostile. The victim was set upon,” said Mr O’Sullivan.
The barrister said the victim was punched by a co-accused who has already been before the courts.
“The accused had a 70cl bottle of vodka behind his back. He threw it at close range at the victim. The co-accused kicked the victim in the head while he was on the ground. The accused dragged the co-accused away.
“The victim was bleeding heavily from the face. He was semi-conscious, sitting on a beer keg. Bar staff came to his assistance. Calls were made to gardai and for an ambulance,” said Mr O’Sullivan.
Gardai found the two men in a room in the Pier Hotel a short time later.
The victim was taken to University Hospital Limerick where it was discovered following a brain scan that he had sustained a depressed skull fracture.
“It is a significant and serious brain injury,” said Mr O’Sullivan, who added that the injured party “is anxious to get on with his life”.
In a victim impact statement read out to the court, he said the assault was “life-changing”.
He said he was “smoking a fag” when he was set upon. The young man suffers from anxiety, has nightmares, his mental health is “all over the place” and his social life was shattered.
CCTV of the incident was shown in the courtroom
In concluding the State’s case, Mr O’Sullivan said it was an “unprovoked and vicious attack”.
Mark Nicholas SC, who represented the defendant, said it is “clearly disgraceful what happened”. He said his client dragged the co-accused away who was “slightly more aggressive”.
Mr Nicholas said the defendant had just turned 17 at the time of the incident while the co-accused was 22.
The senior counsel said his client has no previous convictions, there was a positive probation report, he co-operated with gardai and pleaded guilty.
“It shouldn’t have happened,” said Mr Nicholas.
Judge Tom O’Donnell said the proximity and viciousness of the savage blow “concerned him deeply”.
Imposing sentence the judge said it was a serious and unprovoked assault, and premeditated as they went away and came back.
He also noted the depressed skull fracture suffered by the victim in the assault with a bottle.
“A consultant in UHL opined if he had not received treatment he was at risk of serious illness or possible death. It is a significant and serious brain injury. The victim wishes to put matters behind him. His confidence was shattered and he suffers anxiety attacks,” said Judge O’Donnell.
The mitigating factors were the age disparity between the defendant and his co-accused, his admissions, plea of guilty and no previous convictions.
Judge O’Donnell imposed a four year jail sentence with the last 12 suspended.
A condition of the suspension is that he be of good behaviour and that he keep the peace for 12 months post-release.
He must also remain under the care and supervision of the Probation Service for 12 months.