Promise of ‘six-figure’ compensation sees Dungloe man spared prison

A Dungloe man who left the victim of a one-punch assault permanently deaf in his right ear has avoided being sent to prison.

Luke Neely, who left victim Ben Boyle with the life-long injury in a one-punch attack in 2021, was handed a four-year suspended sentence. 

Donegal Circuit Court heard that Neely wants to make good on a promise to compensate Mr Boyle with what was described as a “substantial six-figure sum”. 

Sentencing Neely, Judge John Aylmer said that offer would have been frustrated by the imposition of a custodial sentence and fully suspended the term.

Neely, a 30-year-old of Crocknageeragh, Dungloe previously pleaded guilty to intentionally or recklessly causing harm to Mr Boyle at Midway Bar, Main Street, Dungloe on June 27, 2021. The charge is contrary to section 4 of the Non-Fatal Offences Against the Person Act, 1997.

Garda Shane O’Gara outlined the case to State barrister Ms Fiona Crawford BL.

The court heard that various parties went out to watch the Donegal v Down Ulster Championship game on June 27, 2021. They were in different premises and ended up in the Midway Bar at around 9.30pm.

Neely was in company beside Mr Boyle, who was out with his sister and her boyfriend. The people were talking in small groups of twos and threes over the course of the evening.

The court was informed that Neely got Mr Boyle’s attention and asked him about an ongoing litigation relating to two other people over a car crash.

The topic resurfaced a short time later and Mr Boyle told Neely: “It’s one of your business”. Neely told Me Boyle: “You wouldn’t want to get a slap from me”.

In an interview with Gardai, Mr Boyle recalled that he turned around with the intention of walking away. He said he remembered being in the motion of turning around and the next thing he could recall was waking up on the ground.

A barman who was working on the night said he was handing out plastic containers to patrons as it was closing time. He saw Neely strike Mr Boyle with a closed fist to the left side of his head. The barman saw Mr Boyle fall and hit his head off the floor. “A lot of pushing and shoving” ensued and contact was made with a relative of Mr Boyle. 

Garda Shane O'Gara. Photo: North West Newspix

Mr Boyle’s sister told Gardai that she recalled her brother telling Neely to “fuck off”. Her back was to Neely and she saw her brother falling back and “smacking his head off the concrete”.

He was non responsive and his eyes were opened. People in the vicinity panicked and an ambulance was called. During the period while the paramedics were awaited, Mr Boyle started to throw up.

Mr Boyle told investigating Gardai that he woke up with a crowd around him.

He was taken to Letterkenny University Hospital and had a series of scans, x-rays and tests over the course of three days. 

Mr Boyle was left completely deaf in his right ear and suffered a fracture to his skull. After going to see a consultant, Mr Boyle was told that it was unlikely that he would regain hearing in his right ear. He said this news was “devastating” to learn. An ear, nose and throat (ENT) consultant told Mr Boyle that he would have permanent hearing loss in his right ear. 

The court heard that he still suffers from dizziness and has problems with balance. Neely suffered what a doctor described as a “potentially very serious injury”. 

A victim impact statement on behalf of Mr Boyle was handed in to Judge Aylmer. 

Neely, who was whisked away from the scene in a car, later texted Mr Boyle to apologise and added: “Let me know if I can ring you to tell you in person.”

As there was no CCTV available, statements were taken from all witnesses and Neely was also interviewed. 

Neely told Gardai that he lost his temper and hit Mr Boyle once. Neely also said that he sustained a broken nose after having an altercation with another man after he punched Mr Boyle.

Neely said he was “sketchy” about the day as he had been drinking. He said he remembered losing his temper and hitting Mr Boyle with a punch. He recalled a “swarm of people” moving in and he got taken away in a car.

Neely, who has no previous convictions, said there had been a “heated argument” and said the incident was “totally out of character” as he had never been in trouble before.

State prosecutor Ms Crawford told Judge Aylmer that the Director of Public Prosecutions (DPP) placed the offence in the upper end of the mid-range, due to the unprovoked nature of the incident and there being a late plea, and it was in the “four-ten-year bracket”.

Barrister for the State, Ms Fiona Crawford BL. Photo: North West Newspix

A Mr Gerard Greene took to the stand to provide a character reference for Neely, while several testimonials were handed into the court, including from the Dungloe GAA club and Keadue Rovers Football Club.

Referencing a probation report on behalf of Neely, Mr Damien Crawford BL said that his client is regarded as being of a low risk of reoffending.

He said there were no addiction concerns and there was no necessity for Probation Service supervision.

Mr Crawford said Neely had clear and open engagement with Gardai and told the court that there was “never a case of being anything other than a plea”.

He said Neely, who enjoys strong support from his family, works as an electrician and is a hard-working individual. 

Mr Crawford said there is a “tentative arrangement” in place where Neely would provide a “very substantial figure” of compensation, which would be “in excess of six figures”.

Mr Crawford said: “He has taken control of his life and is determined not to reoffend.”

“A stupid, drunken argument has ended up with a dreadful effect,” Mr Crawford added. 

Mr Crawford said he appreciated that he was “stretching the elastic a bit” in asking for leniency.

He said Neely was doing his best to recompense Mr Boyle and that his client “presets as someone genuinely and seriously affected”. He said Neely accepts the shame he brought on himself and his family and said he is a man very active in sport and the community.

“There is a scheme in place for further compensation and an appropriate, substantial six-figure sum. The ability to come up with that is not readily compatible with a custodial sentence.”

In passing judgement, Judge Aylmer said that Neely should consider himself fortunate not to be before another court on more serious charges. 

Judge Aylmer said that a nonsensical row or dispute broke out and Mr Boyle was not ready for the blow inflicted upon him by Neely.

The offence was placed in the mid-range of such offending and Judge Aylmer set a headline sentence of six years in prison before considering mitigation.

He said he took the view that a considerable amount of alcohol had been consumed and Neely “simply lost his temper”. He said the incident was “completely out of character” and noted that he had no previous convictions and has not come to subsequent adverse attention.

Judge Aylmer said it was clear that Neely has an excellent work record and has been described as a low risk of reoffending and is someone without criminogenic needs. He said Neely immediately paid €20,000 by way of compensation and has committed to come up with a further, agreed six-figure sum.

Although a first victim impact statement from Mr Boyle was said to have been “unsympathetic”, an addendum referred to the compensation paid and implored the court to allow Neely to come up with the further amount.

Judge Aylmer reduced the sentence to one of four years in prison. In normal circumstances, he said it would not be a case where the entirety of the sentence would be suspended due to the gravity of the offending and the injuries sustained.

However, he said this was a “very unique” case that could be suspended due to the mitigating factors referenced. 

The four-year prison sentence was suspended upon Neely entering a bond to keep the peace and be of good behaviour for a period of four years.