Six year sentence for seriously assaulting man in Carrick-on-Shannon

A man who kicked another man in the head and followed up by delivering two punches to his head while he lay prone on the street in Carrick-on-Shannon was sentenced to six years in prison last week at the local Circuit Court.

Mark Scott, Ballybride, Roscommon, Co Roscommon was given the sentence last Wednesday after he pleaded guilty to assault causing serious harm to Gerard Dooley at Main St, Carrick-on- Shannon in the early hours of July 17, 2016.

Thomas Curley, Runnamoat, Ballinaheglish, Co Roscommon pleaded guilty to assault causing harm to Gerard Dooley on the same date and at the same location. He had knocked Mr Dooley to the ground with a single punch before his co-accused assaulted him.

Passing sentence, Judge John Aylmer said the medical evidence before the court did not assist as to who had caused the very serious injuries to Mr Dooley which resulted in a number of fractures to the skull and brain injuries.

He said it was clear to him that Mr Scott was the more culpable.

Mr Curley delivered a single punch assault and it had pretty devastating consequences, the judge said.

He remarked that it appeared to have been a knock-out punch to the ground.

Mr Scott's involvement was more culpable, he said, as the injured party was lying unconscious and Mr Scott delivered a forceful kick to the left side of his head and two punches to the head, left and right. Mr Dooley had very significant injuries to the left side of his head.

“It is not clear on the medical evidence as to who was responsible for those serious injuries,” the judge said, but noted Mr Scott attacked a man motionless on the ground, very forcefully.

Judge Aylmer said there were two very different cases before him. As far as Mr Curley was involved, it was at the upper end of assault causing harm and merited four years in prison before mitigation.

He said Mr Scott's involvement was at the upper end of the mid range which had a starting point of nine years before mitigation.

Judge Aylmer said an aggravating feature for Mr Scott was that he had served a prison sentence for a Section 3 assault causing harm.

In mitigation, the court heard Mr Curley had a previously unblemished record and fully cooperated with the investigation and handed himself into An Garda Siochana.

It was clear his girlfriend had been involved with the victim immediately preceding the assault. Mr Curley totally accepted he went well beyond anything justified by way of self defence in the circumstances.

The court was told Mr Curley took full responsibility for his actions. He showed a very high degree of remorse from the outset and not a day goes by that he doesn't think about the unfortunate victim Mr Dooley. His behaviour on the night was deemed completely out of character.

There were also numerous excellent references before the court on his behalf.

Given the nature of the offences his criminal culpability was very different from his co-accused, the judge said.

“This has been hanging over him for the past six years. It has worn on him and he has suffered from depression over an extended period of time and it has held him back in life in that period,” he said.

Judge Aylmer said the probation report bore out what he had said and that Mr Curley was at low risk of re-offending.

Giving him credit for the manner in which he met the case a sentence of three years was imposed. Given he was a first time offender, had no previous convictions and it was completely out of character for him, the court suspended that sentence for three years.

Judge Aylmer remarked that a lengthy prison sentence suspended for a lengthy period of time is in itself a significant sentence.

He directed that bail money of €500 and a sum of €5,000 that Mr Curley had in court be paid over to the victim, Gerard Dooley.

With regard to Mr Scott, Judge Aylmer said he had kicked Mr Dooley forcefully to the side of the head and followed up with two punches.

In mitigation, he said Mr Scott did provide some cooperation with the investigation followed by a plea of guilty.

Mr Scott's difficulties with criminal behaviour arose from his difficulty with alcohol and other substances.

He has 70 previous convictions including a Section 3 assault causing harm committed only months earlier than this incident, for which he served a prison sentence.

Mr Scott has taken significant steps with regard to his alcohol and drug abuse and is now in good employment. There were a bundle of references before the court and that was very much to his credit, the judge remarked. He said the level of rehabilitation Mr Scott has achieved to date had to be encouraged.

Judge Aylmer noted that it was said by his family that it was out of character but unfortunately his record spoke otherwise.

Bail money of €1,000 in court and compensation of another €2,000 was directed to be paid over to Mr Dooley.

Judge Aylmer reduced the headline sentence from nine to six years and said rehabilitation was a very important aspect in terms of the sentencing process. He said to encourage Mr Scott with his rehabilitation on release and abandon his criminal ways, he would suspend the final two years of the sentence for a period of two years.

During that time, he must abstain from alcohol and unprescribed drugs, remain under the supervision of the Probation Service and engage with local mental health services.

The court was informed that Mr Dooley intended to divide the money equally between two homeless services in Dublin called 'Grubs Up' and 'Grafton Street Kitchen' which provide food to homeless people.