Assault during ‘untidy evening out’ left man with teeth displaced, court hears

A 23-year-old man has escaped a conviction after paying €2,000 compensation to a man he assaulted on what was described to the court as ‘an untidy evening out.’

Eamonn Duggan of 82 Ballina, Falcarragh appeared before the February sitting of An Clochan Liath / Dungloe District Court. He admitted assaulting another man at Middletown, Derrybeg on March 14, 2024. The offence is contrary to Section 2 of the Non-Fatal Offences Against the Person Act, 1997.

Solicitor Frank Dorrian said that the matter had previously been heard, a probation report had been carried out, and the defendant had paid compensation of €2,000 to the victim. 

Inspector Jonathan Sweeney confirmed to the court that compensation had been paid. He said the defendant had a previous conviction for a road traffic matter, and one for a public order offence. Duggan had not come to garda attention since the matter before the court had taken place, the inspector said in answer to a question from Judge Emile Daly. 

Mr Dorrian pointed out his client was very young when the offence occurred. 

“The event developed in the course of a very untidy evening out,” said the solicitor. “He has addressed it as best he can under the circumstances.

“He has gained very high qualifications as a skipper and travels Europe skippering boats of various sizes. 

Having regard of what happened and his willingness to pay compensation, I am asking you to apply the Probation Act. It is a Section 2 assault. He has addressed it as quickly as he can.

“He came from Southampton today to deal with this. He is going to Bristol next and thereafter, Germany.”

Judge Daly referred to the victim impact statement. 

“It says the victim had a burst lip, four bottom teeth knocked out of place, and a bruised jaw,” she said. 

“The accused is fortunate that what didn’t arise was a more serious offence.”The judge said she had to take the victim impact statement into account. However, she said the injured party had indicated a desire to put the matter behind him and to move on from it, which, the judge added, was a credit to him. 

“This appears to be an assault that took place when the accused was a relatively young age,” said Judge Daly. “He has previous convictions but these relate to road traffic rather than violence, therefore there are no previous convictions that are similar. 

“The judge who heard the case indicated that the matter could be finalised on foot of a favourable probation report and compensation.”Judge Daly acknowledged the favourable probation report and that the victim had not come to garda attention in the interim. 

“But,” she stressed, “a young age is no excuse. Everyone who comes before the court on these matters are authors of their own future. 

“Mr Dorrian has done his best to ensure that this person isn’t burdened by a conviction going forward. That is appropriate in cases where it was a one-off offence. 

“The report shows stability and that the accused has wised up and turned to a more fruitful future.”

Judge Daly noted the facts proven and granted the Probation of Offenders Act, meaning that a conviction was not recorded against the defendant.