Jason Owens’ assault sentence upheld after serious harm attack

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Court of Appeal upheld Jason Owens’ sentence for assaulting Conor Kelly and causing him serious harm. The proceedings were reported on 7 May 2024.

Owens pleaded guilty at Dublin Circuit Criminal Court. On 31 July 2023, Judge Martin Nolan sentenced him to three-and-a-half years in prison, with the final 12 months suspended on strict conditions.

The assault took place in the restroom of the Cock and Bull pub in Coolock on 1 January 2020. CCTV showed the men having an amicable conversation before Owens struck Kelly with an elbow punch and kicked him while he was on the ground. Kelly sustained serious injuries, including an acquired brain injury.

A psychological report offered for Owens said he had experienced severe sexual abuse as a child. It said he interpreted something Kelly allegedly said as a sexual advance, panicked and reacted to a perceived threat. The Court of Appeal said there was no reason to doubt the psychologist’s conclusion that Owens had been triggered by his prior experience, but stressed that he had no real reason to fear Kelly and that Kelly was not to blame.

The Court of Appeal dismissed the appeal against sentence, finding it was not unduly lenient. Delivering judgment, Ms Justice Úna Ní Raifeartaigh said two-and-a-half years was a significant sentence for a first-time offender and that sentencing had to reflect both the harm caused and the individual offender’s circumstances.