Courts / Dublin / Report

Dad-of-two who fractured man's skull with baseball bat avoids jail

Date
2017-12-18

Stage
Sentence

Primary locality
Dublin

County
Dublin

Summary

Father‑of‑two Timothy Magee (42) of Finglas was given a three‑year fully‑suspended sentence at Dublin Circuit Criminal Court for assaulting Gavin Mitchell with a baseball bat outside McGrath's Pub on 10 January 2015. Magee pleaded guilty to causing a serious fracture to Mitchell's forehead and additional blows to his body. The court ordered Magee to pay €8,000 in compensation, with €2,000 payable immediately and €6,000 thereafter. Judge Martin Nolan noted that Magee did not initiate the altercation but that his response was "grossly disproportionate." Magee admitted he was very intoxicated and had little memory of the night. Mitchell suffered a fractured bone, required surgery to remove an aneurism, and now lives with an arteriovenous fistula. Magee had three prior minor traffic convictions and was described by employers and a GAA club chairman as a reliable, hardworking, loyal family man. The case was presented as an instance of excessive force in a self‑defence claim.

Who, what, where, when and why

What: Report matter: Dad-of-two who fractured man's skull with baseball bat avoids jail. Charges or matters: assaulting Gavin Mitchell causing him harm outside McGrath's Pub on Fassaugh Avenue, Cabra on January 10, 2015. Procedural stage: sentence

When:

January 10, 2015 Other
2017-12-18 Publication

Case subjects

Timothy Magee

Defendant

Charges: assaulting Gavin Mitchell causing him harm outside McGrath's Pub on Fassaugh Avenue, Cabra on January 10, 2015 (Admitted)

Plea: Guilty

Outcome: Timothy Magee (42) of Dunsoghly Drive, Finglas, Dublin was given a three-year fully-suspended sentence and instructed to pay a total of €8,000 to the injured party as compensation for losses incurred.