First and last chance for boxer who punched shop security guard

A judge has warned a boxer who punched a supermarket security guard that a suspended jail sentence of just under two years imposed should be considered his “first and last chance” .

Martin Collins (26) of Belmayne Avenue, Clongriffen, Dublin 13, pleaded guilty to assault causing harm at Tesco, Omni Shopping Centre, Santry on July 5, 2019.

Imposing sentencing at Dublin Circuit Criminal Court on Thursday, October 20 Judge Martin Nolan said the accused is a “strong man who should not have done it and knows it”. He handed Collins a 21-month prison sentence suspended on strict conditions.

The investigating garda told the court that the accused had entered the Tesco store with his partner on the day in question. Collins was seen taking groceries and bought cigarettes at the tills, without making a payment for the grocery items.

The accused was then stopped by a security guard, who requested that he pay for the groceries. The security guard told gardaí that he observed Collins standing in a threatening manner, raising his fist. Collins also told the man he was a boxer.

Collins punched the security guard in the face. The victim fell to the floor and Collins attempted to punch him again, but the victim managed to block the blow. Other security guards then arrived to offer assistance.

The security suffered injuries in this incident including a swollen right eye and damage to his thumb. No victim impact statement was submitted to the court.

The investigating garda agreed with Pieter Le Vert BL, defending, that his client had mistakenly believed that the security guard was standing close to his partner. CCTV footage retrieved by gardaí during their investigation showed this belief was incorrect.

Collins maintained his version of events when interviewed, but the investigating garda said he had been pleasant in his dealings with gardaí. The garda also accepted that Collins had thrown three punches and only two connected with the victim.

Mr Le Vert told Judge Nolan that his client wished to apologise and had brought €500 to court as an expression of remorse. Mr Le Vert said Collins, who has also played football and GAA, is aware that his training as a boxer could have resulted in a “more serious” situation.

Mr Le Vert said Collins is a father of two and there had been family difficulties at the time of this offending. Collins was also suffering from depression at the time and has worked as a security guard, but is now employed as a coach driver.

Mr Le Vert noted that the probation report stated Collins is at low risk of re-offending. Collins has six convictions for road traffic offences, all of which occurred after the date of this incident.

Judge Nolan said the accused punched the victim once and made two further attempts to hit him, resulting in injuries. He noted the accused's guilty plea, remorse and co-operation with gardaí among the mitigating factors.

He also directed that the €500 is offered to the victim, or given to charity. Judge Nolan told Collins he could “consider this your first and last chance”.