Man avoids jail over Ballymun assault

By Claire Henry

A man has been given an 18-month suspended sentence for an assault in Ballymun. 

Dublin Circuit Criminal Court heard that Aaron Costello (24) of Dame Close, Ballymun, Dublin 11, pleaded guilty to assault causing harm to another male in the Ballymun area on October 12, 2022. He has no previous convictions.

Passing sentence on Friday, Judge Pauline Codd said this was a brief encounter but could have had very serious consequences. She said the aggravating factor in this case is that the injured party was struck from behind, and was kicked twice while on the ground. She placed the offence in the upper mid-range of offending.

Judge Codd said she takes into consideration that Costello has no previous convictions, which she said was “significant”. She said he would now have to live with a criminal conviction for the rest of his life. She said the court considered his expression of remorse as genuine.

The judge said, having seen the CCTV footage, the assault was an unnecessary action by Costello. She said the injured party has dealt with this matter in a generous and spirited manner, and he has fully accepted the defendant’s apology.

Judge Codd sentenced him to 18 months in prison but suspended it in full for two years.

Detective Garda John Pirollo told Diane Stuart, BL, prosecuting, that on the day in question, the injured party had left his home to go to the local shop. On his way to the shop, he exchanged words with a group of men, one of whom was the defendant. CCTV was played to the court, which showed Costelloe running up behind the injured party and striking him on the side of his head.

Det Gda Pirollo said the injured party was then knocked to the ground, where Costello kicked him twice in the ribs. The injured man was brought to the hospital, where he received sixteen stitches on the face and was admitted for two days. He also suffered fro pain in his ribs.

The court heard that the injured party held no animosity towards the defendant and told Det Gda Pirollo that he did not wish for the defendant to go to jail. Costello brought €5,000 to court as a token of his remorse for the injured man.

Det Gda Pirollo agreed with Keith Spencer, BL, defending, that there is no bad blood between the parties.

The garda agreed with counsel that Costello was a pleasure to deal with and entered an early guilty plea.

Mr Spencer said his client acted in a moment of madness, and he knows he should not have done so.

Counsel said his client has a good work history and is in a long-term relationship.

He said his client came before the court as a first-time offender and had expressed shame and remorse.