Courts / Dublin / Report

No jail for "cowardly" unprovoked one-punch attack on teenager

Date
2019-10-23
Stage
Sentence
Primary locality
Portmarnock
County
Dublin

Summary

Brendan McSherry, a 27-year-old electrician from Artane, Dublin, was sentenced at Dublin Circuit Criminal Court for an assault causing harm. He pleaded guilty to the charge of assaulting Caoimhin McCarthy on Coast Road, Portmarnock, on October 8, 2017. Prosecution evidence stated that the 18-year-old victim was outside getting air when McSherry punched him to the side of the head, causing him to fall onto the road. The victim suffered bleeding to the ear, facial numbness, and ongoing psychological effects, including nightmares. Judge Martin Nolan described the incident as a cowardly and unprovoked attack on a blameless young man. Although the judge noted his instinct was to imprison McSherry, he considered the defendant's lack of previous convictions and low risk of re-offending. Judge Nolan concluded that McSherry did not deserve a custodial sentence. He suspended a three-year prison term on the condition that McSherry pays €12,500 to the victim. The judge characterized this financial penalty as a form of punishment. Defense counsel stated that McSherry was ashamed and regretful of his actions. The matter was finalized with this suspended sentence and payment condition.

Who, what, where, when and why

What: Report matter: No jail for "cowardly" unprovoked one-punch attack on teenager. Charges or matters: assault causing harm of Caoimhin McCarthy on Coast Road, Portmarnock, Dublin on October 8, 2017. Procedural stage: sentence

When:

Why: "It doesn't help him one wit to say he was drunk because he put himself in that position," he said. CNI source report

Case subjects

Brendan McSherry

Defendant

Charges: assault causing harm of Caoimhin McCarthy on Coast Road, Portmarnock, Dublin on October 8, 2017 (Admitted)

Plea: Guilty

Outcome: He said he did not think McSherry deserved a prison sentence. He suspended a three year sentence on condition that McSherry pay a sum of €12,500 to the victim.

Places mentioned

Incident
Residence
  • Kilmore Avenue
Court Venue
  • Dublin
  • Dublin Circuit Criminal Court

Topics

Stage Sentence Violent Crime

Related court reports

Read the original CNI report

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