Criminal on bail when he violently attacked 'Good Samaritan' near Tipperary border

A criminal with "no regard for court orders" who was on bail and serving a 12-13 driving ban when he violently attacked a 'Good Samaritan" who came to his aid, beating him and hijacking his car, should have received a longer jail sentence, the State has argued.

Michael Delaney (36) of Barrett Place, Doyle Street, Waterford, was sentenced to three years' imprisonment by Waterford Circuit Criminal Court in June 2022 after he pleaded guilty to several offences relating to the afternoon of June 21, 2021, in Kilmeaden, Co Waterford.

Delaney was jailed by Judge Eugene O'Kelly after he pleaded guilty to the unlawful seizure of a vehicle, assault causing harm, violent disorder arising from crashing the hijacked car into parked vehicles and to several other driving offences arising from the incident.

His sentencing hearing heard that Garda Sharon Ryan received a report of males fighting on the road near Kilmeaden. When she arrived, she met an injured male with blood coming from his mouth who said his car had been stolen and he was assaulted by the man who had stolen it.

The injured party, who was described in court as ‘a good Samaritan’, was driving when he came upon Delaney and a woman, standing next to their Saab car which had broken down.

The injured party offered Delaney a lift but was instead dragged from the car and punched repeatedly in the head and body, before being thrown against the car, on the road, and then into a ditch. The injured party had to then jump out of the way of his own car as it was driven towards him as it was being stolen.

After calls were received by gardaí of the car driving dangerously, it was found crashed at a roundabout near Kilbarry. Delaney was arrested at the scene, and due to his level of intoxication, he was deemed unfit for questioning. During questioning, he maintained a ‘no comment’ attitude towards gardaí but the DNA of the injured party was found on Delaney’s shoes.

The injured party submitted a Victim Impact Statement, which said the assault left him with broken teeth, vision problems, and constant ringing in his ears.

Delaney has 99 previous convictions, including those for criminal damage, assault causing harm, possession of a knife, dangerous driving, hit and run, drink driving, and has been disqualified from driving since 2009. Delaney was disqualified from driving at the time of the offences.

In sentencing O'Reilly, Judge O’Kelly said Delaney had no regard for court orders, and referred to the injured party as ‘a good Samaritan’ coming to the aid of another.

Judge O’Kelly considered it an aggravating factor that Mr Delaney did not just steal the car but he inflicted a "very serious beating" on another person in the course of it.

The judge sentenced Delaney to three years' imprisonment on both the assault causing harm and on the car-jacking and imposed a fully-suspended sentence of 18 months for the violent disorder. The State has appealed the three sentences in their totality for the "shocking" incident, claiming they are unduly lenient.

Conor O'Doherty BL, for the State, said the injured party was "profoundly affected" by Delaney's assault and that the had to give up his job as a bus driver as a result of his injuries.

Mr O'Doherty said blood had been found on Delaney's footwear and the incident was "extremely serious and shocking" at a time when Delaney was already on bail for a separate matter.

Paul Hutchison BL, for Delaney, said his client's co-accused in the matter did most of the damage when the car was being driven up the street in Kilmeaden.

Mr Justice Patrick McCarthy noted that Delaney was on bail at the time of the incident for a separate matter and that this was an aggravating factor in the case.

Mr Hutchinson said there had not been a repeat assault in the matter and that all charges arose from one "unfortunate" and "nasty" incident.

Mr Justice McCarthy said it was a "bad case" with "devastating consequences".

Mr Justice George Birmingham noted Delaney's 99 previous convictions at the time of the incident and said that Delaney, according to court records, appeared to be driving while disqualified for 12-13 years.

Mr Hutchison said his client had poor personal circumstances and that around €7,000 had been paid over in compensation by Delaney who was remorseful.

Mr Justice Birmingham said the three-judge court would reserve judgement in the matter.