Man sentenced for assault and violent disorder

By Eimear Dodd

A Dublin Circuit Criminal Court judge has said people won’t feel safe on the streets at night, if groups “disinhibited by alcohol engage in violence towards each other”.

Judge Pauline Codd made the comments during the sentencing of Dean Pouch (31) and Jacek Luczyn (31), who both pleaded guilty to assault causing harm on Jervis Street, Dublin 1 on May 26, 2021.

Pouch with an address at Peter McVerry Hostel, St Stephen’s Green, also pleaded guilty to one count of violent disorder.

Judge Codd noted that both accused had opportunities to walk away, but decided not to.

Garda Karl Bolger told prosecuting counsel that gardai were called at 10.45pm to the Jervis Street area following reports a man had been assaulted.

Gardai stopped three men, including Pouch and Luczyn of Durban Residence, Gardiner Street Lower, Dublin 1, at the junction of Jervis Street and Abbey Street.

The men were co-operative and gave their details.

Gardai noticed swelling to victim’s head and bleeding.

The male victim was taken to hospital by ambulance.

He sustained a fracture to his cheek and photos of his injuries were handed to the court.

The victim told gardai that he had been socialising with friends, when they were approached by another group who started shouting at them and appeared angry.

The injured party said he fell to the ground, but did not know why as he may have lost consciousness. No victim impact statement was submitted to the court.

During the incident, Pouch and Luczyn kicked the male victim. Pouch also threw punches and kicks at others involved in the incident, including a man using crutches.

CCTV footage of the incident was shown to the court.

Pouch and another individual were arrested at the scene. Pouch’s clothes, including a blood-stained top, were seized.

Gardai searched Luczyn’s address and seized items including a grey and black baseball cap. Luczyn was later arrested by appointment.

When interviewed, both men made full admissions and identified themselves on CCTV.  They said there had been an early interaction between the parties, but this could not be confirmed by gardai. They said they were intoxicated and were ashamed of their actions.

Pouch admitted to gardai that he had kicked and punched two men multiple times during the incident.

Pouch has eight previous convictions including public order offences, all from the District Court.

Luczyn has four previous convictions from the District Court for public order offences.

Defence counsel for both men asked Judge Codd to consider their early pleas, expressions for remorse and steps taken to deal with their issues with alcohol.

Defence counsel for Pouch said his behaviour on the night was “out of character”. A letter of apology from Pouch was handed to the court.

Pouch has limited family support, and his mother had addiction issues. He has worked across  Europe, however, he was living in a hostel and drinking heavily on his return to Ireland.

Oisin Clarke BL, defending Luczyn, said the Probation Service found his client to be at moderate risk of re-offending, but he is taking steps to deal with risk factors and is due to attend a residential treatment programme.

Mr Clarke said his client’s actions were “reprehensible” and could not be excused by any prior interaction between the parties.  He said his client had a lesser role in the incident than Pouch and he has not come to negative garda attention since.

Judge Codd said Pouch meted out “significant violence” on the night and was involved in “repeated assaults” on the injured party and other individuals.

His demeanour was “highly aggressive” on the CCTV footage, she said.

Judge Codd acknowledged Pouch’s actions were not premeditated and while they did not involve the use of implements, he had used “every ounce of his strength”.

Judge Codd said the mitigating factors for both accused included their early pleas, cooperation and expressions of remorse.

She imposed a sentence of five years in relation to the violent disorder charge with the final two and half years suspended on strict conditions. Judge Codd handed Pouch a sentence of two and a half years on the assault causing harm count, with both sentences to run concurrently.

Judge Codd said Luczyn’s conduct was different to Pouch’s, but he had kicked and punched the victim.

She handed Luczyn a two and half year sentence for the assault causing harm, which she suspended in full on strict conditions including that he place himself under the supervision of the Probation Service for three years.