Courts / Dublin / Report

No jail for attacker who said victim "made advances" on him

Date
2019-07-31

Stage
Sentence

Primary locality
Smithfield

County
Dublin

Summary

Karl McDonnell, 27, pleaded guilty to assault causing harm at the Generator Hostel in Smithfield on 15 April 2018. The incident involved a tourist from Switzerland who claimed McDonnell followed him into a toilet cubicle with his penis exposed, punched him, and then was punched back. McDonnell denied this, saying he was provoked when the tourist commented on his manhood and tried to grab his penis. Gardaí had conflicting accounts from both parties. McDonnell had 19 prior convictions for minor offences. The court heard the tourist declined to give a victim impact statement. Judge Martin Nolan, finding McDonnell's version reasonably believable, sentenced him to two and a half years' imprisonment, suspended in full, on condition he hand over €1,000 in compensation and raise an additional €1,500 over 18 months.

Who, what, where, when and why

What: Report matter: No jail for attacker who said victim "made advances" on him. Charges or matters: assault causing harm at the Generator Hostel, Smithfield Square on April 15, 2018. Procedural stage: sentence

When:

April 15, 2018 Incident
2019-07-31 Publication

Why: The man from Switzerland said he pushed the accused out of the cubicle who then asked him why, to which he replied, "because you followed me in with your penis out". CNI source report

Case subjects

Karl McDonnell

Accused

Charges: assault causing harm at the Generator Hostel, Smithfield Square on April 15, 2018 (Admitted)

Plea: Guilty

Outcome: Judge Nolan sentenced McDonnell to two and a half years imprisonment, but suspended the entirety of the sentence, on condition that he hand over the €1,000 in compensation and raise a further €1,500 over an 18 month period.