Man jailed for petrol station assault

By Eimear Dodd

A man who used an empty gas canister to strike a driver at a Dublin petrol station during an “unprovoked” attack has been jailed.

Brian Cahill (40) picked up the empty gas canister from the forecourt of the Circle K petrol station on Usher’s Quay and then used it to strike the injured party on his body and legs.

Dublin Circuit Criminal Court heard that the injured party had been filling his car with petrol in the forecourt around 4 am on December 7, 2023, when Cahill and another man approached him and asked for €2.

The victim refused, but the two men kept asking for money. An altercation between the victim, Cahill and the other man developed, during which the injured party was punched and kicked.

Cahill, of no fixed abode, then picked up the gas canister, which he used to strike the victim while he was on the ground. A staff member tried to intervene to calm the situation, but Cahill said he would hit him as well.

The court heard the victim can’t recall if he was hit or kicked, but he sustained a broken nose, bruising and swelling.

CCTV footage of the incident was shown to the court. Towards the end of the incident, it showed the victim holding a wheellock while Cahill was swinging the gas canister towards him.

The victim managed to get into his car, and Cahill and the other man attempted to stop him from leaving the forecourt area, but they were unsuccessful.

Cahill came forward on signed pleas of guilty from the District Court to charges of assault causing harm and production of an article.

A victim impact statement was handed to the court but not read aloud.

He was arrested in May 2024 and after he was cautioned, he told gardai it was self-defence.

Cahill identified himself on CCTV but told gardai he had little recollection of the incident as he was under the influence of drugs at the time.

He has 72 previous convictions, including for assault, public order and drug offences.

Garda Derek Dalton agreed with David Staunton BL, defending, that the majority of Cahill’s previous convictions are District Court matters.

It was further accepted that the most of his previous convictions, including thefts, are related to his addiction.

Gda Dalton agreed that Cahill identified himself during interview and that the gas canister used was an empty display model.

Mr Staunton said it was an “extraordinarily unsavoury incident” for the victim and that his client acknowledged this would have been a frightening incident, and accepted his wrongdoing at an early stage.

Counsel said his client was in “the throes of addiction” at the time and wanted money to feed his habit at the time, but his conduct was “indefensible”.

He asked the court to take into account his client’s personal circumstances, including his longstanding addiction issues, his client’s early guilty plea and his apology.

Judge Martin Nolan said the assault on the victim by the two men was “unprovoked”, “determined and somewhat prolonged”.

He noted this would have been a frightening experience for the victim.

The judge said the use of the gas canister was an aggravating factor alongside Cahill’s previous convictions. He said the signed guilty pleas were the principal mitigation, alongside the other factors outlined by counsel.

He imposed a sentence of two years and directed Cahill is given credit for any time served in custody on this matter alone.