Assault victim pushed through Tipperary town pub window

Suspended Sentence

Clonmel Circuit Court

Clonmel Circuit Court

A 32 year-old Tipperary Town man has received a two and a half year suspended jail sentence for pushing another man through a pub window in his hometown.

Judge Tom Teehan imposed the sentence on Morgan Maguire of No. 4 Marian Terrace, Tipperary Town at Clonmel Circuit Criminal Court where he pleaded guilty to assaulting and harming Darren McGrath and causing criminal damage at Denis Leahy's Pub at Davis St., Tipperary on July 24 last year.

Gda. Anthony Owens of Tipperary Town Garda Station gave evidence that he and Gda. Hennessy were on patrol and as they approached traffic lights at Main Street they saw a man, who was bleeding and staggering. They turned the patrol car and went to him. There was a large cut on his left elbow and cuts to his head and he was incoherent.

It took them 10 minutes to get the man's name. He was taken by ambulance to South Tipperary General Hospital. .

Gda. Owens told the court he viewed CCTV footage from Denis Leahy's Pub which showed Maguire's co-accused trip and knock Mr McGrath to the ground outside the pub.

The co-accused then kicked Mr McGrath in the face while he was on the ground.

Maguire picked Mr McGrath up from the ground, pushed his head and upper torso through the pub window. Mr McGrath staggered across the road and ran away.

In his statement to gardai, Mr McGrath hadn't any recollection of the incident as he was very intoxicated on the night.

When Morgan Maguire was arrested, he co-operated fully. Maguire also wrote a letter of apology to Mr McGrath, who had accepted the apology.

A medical report from the hospital emergency department stated that Mr McGrath suffered a wound to the back of his head and to his left elbow. He also had lacerations and bruises to his head and face.

In the Victim Impact Statement, Mr McGrath said since this incident he got a stinging pain in his elbow when he got hit with a ball or fell while playing sport.

Gda. Owens said the damage to the pub window had been paid for and Maguire had apologised for breaking it. The other man involved in the case had yet to be arraigned by the court.

LIMITED RECOLLECTION

Defence barrister Suzanne Gorey BL said although her client had a limited recollection of events, he accepted responsibility for his actions. He was appalled by his own behaviour and the Probation Service report prepared on him stated that he expressed genuine remorse and shame and showed considerable empathy towards the victim.

She pointed out that as soon as Maguire became aware of the victim's identity when he was being interviewed by gardai, he sent a phone text message apologising for his behaviour. He also pleaded guilty at a very early stage.

In his letter of apology, Maguire offered to pay Mr McGrath's medical bills but the victim's costs were covered by a Medical Card. Her client paid €1000 compensation to the pub owner for the damage caused to his premises.

The barrister submitted that it wasn't Maguire who initiated this assault, it was his co-accused. Gda. Owens agreed the CCTV footage showed Maguire got caught up in events.

Ms Gorey also said her client has engaged with an alcohol addiction counsellor since this incident and the Probation Report assessed that he was at a low risk of re-offending.

Sentencing Maguire, Judge Teehan said the nature of the attack on this young man, who was practically senseless through drink was an aggravating factor in this case.

However, he took into account Maguire's early guilty plea and co-operation with gardai. And he regarded his very quick apology as highly important.

He sentenced him to two and a half years imprisonment for the assault offence, which he suspended on condition Maguire entered into a bond to keep the peace for two and a half years.

The criminal damage offence was marked proven and taken into account.

Judge Teehan also directed that Maguire refrain from drinking alcohol during that period and not approach Darren McGrath save at his friendly invitation.