Courts / Waterford / Report
Boxer appeals conviction for open-palm strike on woman at organised fight
Summary
Richard Walsh, of Congress Villas, Dungarvan, Waterford, appealed his jury conviction for assault causing harm at Kilrush Park, Dungarvan, on November 30, 2020. He was originally sentenced by Judge Eugene O'Kelly at Waterford Courthouse to two and a half years, with the final 12 months suspended. Defence counsel Giollaíosa Ó Lideadha SC argued that the trial judge incorrectly applied an objective standard to the reasonableness of force, contending that a subjective test regarding Walsh's honest belief in self-defence was required. Walsh alleged that after an organised fight, the victim threw an iron bar at his head, prompting him to push her in anticipation of further violence. Mr Justice John Edwards noted that Walsh was armed with the bar, was a stronger adult male, and had an opportunity to retreat. The judge described the incident as occurring after the victim, a supporter of one of the fighters, was "mouthing off" and throwing the bar, which Walsh picked up before advancing on her. Defence counsel also raised concerns about incomplete mobile phone footage and the inability to verify the recorder's identity or potential editing. State counsel Conor O'Doherty BL countered that the jury was properly directed to consider both subjective context and objective necessity, highlighting the significant size disparity between the boxer and the victim. The Court of Appeal reserved judgement in the matter.
Who, what, where, when and why
What: Report matter: Boxer appeals conviction for open-palm strike on woman at organised fight. Procedural stage: appeal. Findings: Convicted
When:
- November 30, 2020 Incident
- 2024-05-30 Publication
Case subjects
Appellant
Finding: Convicted
Outcome: Convicted; Walsh, of Congress Villas, Dungarvan, Waterford, was convicted by a jury of assault causing harm at Kilrush Park, Dungarvan, on November 30, 2020, and sentenced by Judge Eugene O'Kelly at Waterford Courthouse to two and a half years with the final 12 months suspended.
Places mentioned
- Court of Appeal
- Waterford
- Waterford Courthouse
Topics
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