Courts / Kerry / Report
Youths who attacked retiree in "vicious" unprovoked assault have jail terms cut on appeal
Summary
Three youths – Roman Hricko (20), Miroslav Hricko (19) and David Hanak (21) – had each been sentenced to seven years' imprisonment in 2014 for assault causing serious harm to a 59‑year‑old retiree, Donal O'Mahoney, in Tralee on 26 August 2012. The assault was described as a vicious, concerted attack that left O'Mahoney unconscious, with loss of sight in his left eye, and caused a friend to suffer a fractured jaw and cheekbone. The youths, who had been at a house party drinking large amounts of whiskey, were originally from the Czech Republic and had no prior convictions. On appeal the Court of Appeal, with Mr Justice George Birmingham presiding, agreed that portions of the sentences should be suspended to encourage rehabilitation. The court decided to suspend the final 18 months of each man's seven‑year term, and each must enter a €100 good‑behaviour bond for two years after release. Roman Hricko pleaded guilty. Miroslav Hricko pleaded guilty. David Hanak pleaded guilty.
Who, what, where, when and why
What: Report matter: Youths who attacked retiree in "vicious" unprovoked assault have jail terms cut on appeal. Charges or matters: assault causing serious harm to Donal O'Mahoney at Ard Carraig, Caherslee in the town on August 26, 2012. Procedural stage: appeal
When:
- August 26, 2012 Incident
- July 29, 2014 Incident
- 2016-02-25 Publication
Why: The men successfully appealed against the severity of their jail terms today, with the Court of Appeal holding that portions of their sentences ought to have suspended in order to incentivise rehabilitation. CNI source report
Case subjects
Appellant
Charges: assault causing serious harm to Donal O'Mahoney at Ard Carraig, Caherslee in the town on August 26, 2012 (Admitted)
Plea: Guilty
Outcome: They were each sentenced to seven years imprisonment by Mr Justice Carroll Moran on July 29, 2014.
Appellant
Charges: assault causing serious harm to Donal O'Mahoney at Ard Carraig, Caherslee in the town on August 26, 2012 (Admitted)
Plea: Guilty
Outcome: They were each sentenced to seven years imprisonment by Mr Justice Carroll Moran on July 29, 2014. Miroslav Hricko, who was the only one of the men to face charges on this assault, pleaded guilty and was given a concurrent three year sentence.
Appellant
Charges: assault causing serious harm to Donal O'Mahoney at Ard Carraig, Caherslee in the town on August 26, 2012 (Admitted)
Plea: Guilty
Outcome: They were each sentenced to seven years imprisonment by Mr Justice Carroll Moran on July 29, 2014. Miroslav Hricko, who was the only one of the men to face charges on this assault, pleaded guilty and was given a concurrent three year sentence.
Places mentioned
Topics
Related court reports
- Fraud accused Denise O'Brien appears before court after bench warrant
- Almost 200 witnesses involved in Mike Gaine murder case as trial date set
- Murderer's claim that conviction was unsafe after 'extremely brief' jury deliberations is rejected
- One of six family members convicted of Tralee cemetery murder fails in bid to overturn conviction
- 'Honour killing' convict was misidentified at trial, lawyers claim
- Three jailed for 'honour killing' at Kerry funeral appeal convictions
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request