Accused attacked a man with a glass and posted a picture on Snapchat, Tipperary court hears
The case was adjourned to October to allow the defendant time to raise compensation
A Ballycommon man attacked another man with a glass while on a night out and posted a picture on Snapchat, Nenagh Circuit Court was told.
Scott Courtney (26) Dromnascart, Ballycommon, pleaded guilty to assault causing harm contrary to Section 3 of the Non-Fatal Acts Against the Person Act 1997 for an incident in a pub in Aglish in 2022.
Garda Garret Ryan of Borrisokane Garda Station told Nenagh Circuit Court that on July 5, 2022, the injured party came to the station to report that he had been assaulted.
He told the guard on duty that while out socialising, he had been hit with a glass, and the guard said he had visible injuries on his face, which had recently been treated.
The victim did not directly identify his assailant but was able to name the defendant as being present. Acting for the prosecution, Edward O’Mahony BL asked Garda Ryan if the attack was “unprovoked,” which the guard confirmed.
There were no witnesses to the attack, nor was there any CCTV.
Mr O’Mahony told the court that after the attack, Mr Courtney posted a picture of his hand on Snapchat with a text overlay that read:
“Five stitches and bruises, but you should see the other guy.”
Garda Ryan told the court he arrested Mr Courtney on September 14, 2022, and the accused made no admissions.
Mr O’Mahony told the court that the victim suffered wounds to his forehead, cheek, and an injury to the right side of his nose. He attended the Emergency Department, where he was referred for a CT scan.
Garda Ryan said the victim’s financial loss was €1,200, in total, between medical costs and loss of wages. The injured party was not in court but did provide a victim impact statement, which was read onto the record by Garda Ryan.
In his statement, the victim said he has a scar and bump on his face, which people notice and question.
He doesn’t go out in public and suffers from anxiety and nightmares.
“If I go out, I keep my back to the wall and my eyes on everyone, just in case,” said the victim in his statement.
He said he had never been in any trouble, and the attack was unprovoked.
“It completely ruined my life,” he wrote.
NOT A VIOLENT MAN
Acting for the defendant, Kenneth Kearns BL asked the guard if his client had given “frank admission of his drugs and alcohol intake that night.
Garda Ryan said that he was aware that the accused had been drinking and that he had admitted to taking cocaine.
Mr Kearns said his client had also taken Xanax, which had a sedative effect, and while he did not admit to the attack straight away, that was down to memory loss rather than his client being uncooperative.
Mr Kearns told the court that his client could not account for his movements that night and does not remember the attack.
He also does not remember posting the picture. Mr Kearns asked the guard if what happened that night “challenged” Mr
Courtney and said he did plead guilty at an early stage.
Garda Ryan said he was not qualified to say but “would not disagree.”
BY WAY OF EXPLANATION
Mr Kearns told the court that his client “lacked a certain amount of capacity” on the night of the incident.
He said this does not “mitigate” his actions but does provide some explanation.
Mr Kearns explained that his client had suffered an injury that was treated with prescription medication.
This led his client to begin “self-medicating.”
On the night of this incident, the combination of alcohol and drugs led him to attack the injured party.
Mr Kearns admitted his client has previous convictions but none of a violent nature and asked that this incident be treated as an “aberration.”
Since the attack, he has written a letter to the injured party apologising and said that he had not meant any disrespect by the picture, “even if it looked that way.”
Mr Kearns said his client has taken it upon himself to raise €10,000 in compensation for his victim and has €2,000 of that now.
“There is remorse and the genuine remorse you would expect in such an act,” said Mr Kearns.
The defendant has also made efforts to “rehabilitate himself” by getting his truck licence and is in full-time employment, the court heard.
Mr Kearns told the court that his client is now a “productive member of society,” with this incident was the result of “chaos in his life.”
“He will not be before this court again,” said Mr Kearns.
JUDGEMENT
Judge Catherine Staines noted the defendant’s guilty plea, the reference from his employer and his efforts at rehabilitation.
However, she said that the use of a glass could have damaged the injured party’s eyesight. She said as it was, the injuries suffered by the victim were an aggravating factor.
“It is extremely fortunate that he didn’t get an injury to his eye. Clearly, the psychological impact is significant as he doesn’t go out and suffers from anxiety.
“I hope the victim can get support and counselling for that,” said Judge Staines.
Judge Staines also noted the defendant's issues with drug addiction and his attempt on his own life.
The judge said it was her view that the sentence should be three years in prison. However, she would adjourn the sentencing to October to allow the defendant time to raise the remaining €8,000.
“I am not making any promises at this stage. I just want to see if he is genuine in his offer of compensation,” said Judge Staines.
She also changed his bail conditions to include a requirement to stay sober and refrain from taking drugs.
The judge told the defendant that if the gardaí saw him intoxicated, he would be in breach of his bail.