Rush man given suspended sentence for road rage incident
Dublin People 10 Apr 2025
By Eimear Dodd
A man punched, kicked and stomped on another driver in front of his two children in an unprovoked road rage incident, a court has heard.
Oisin Mullen (25) of Palmer Avenue, Rush, Co. Dublin pleaded guilty to assault causing harm on May 25, 2023 at Upper Main Street, Rush.
Dublin Circuit Criminal Court heard that the victim had made a U-turn at a designated location, but the female driver of a Volkswagen Golf appeared angry at his manoeuvre and started shouting at him.
Mullen was a passenger in the Golf and as both cars happened to be travelling in the same direction, later shouted at the victim to pull over and fight.
When the victim parked on Upper Main Street in Rush, the Golf happened to stop across the road.
Mullen got out, came over to the victim and assaulted him. The victim’s two children witnessed the assault, the court heard.
When interviewed by gardai, Mullen accepted punching the victim, but claimed he acted in self-defence.
The court was told that the victim was making a U-turn at a designated location after he stopped at a roundabout to buy strawberries.
The injured party remembered seeing a female driver in a Volkswagen Golf appeared angry about this manoeuvre and that she shouted at his vehicle.
He continued on his journey and after passing a roundabout in the direction of the Blake’s Cross junction, he noticed the Golf was in front of him. Mullen, the passenger, was shouting at him to pull over and fight.
The victim got in front of the Golf and continued driving, but the Golf flashed at him.
When he parked on the Main Street in Rush, he noticed the Golf was parking on the other side of the road.
The victim saw Mullen get out of the car and come towards him with a clenched fist. Mullen came into the victim’s face and started to abuse him.
The garda said the victim tried to explain he had a dashcam and what had happened on the road, when Mullen punched him, causing his glasses to fall to the ground.
Mullen punched the victim in the face, and the man tried to get behind a pole to protect himself from the assault.
Mullen punched him full force multiple times in the face and body. During the assault, the victim lost his balance, and fell.
Mullen also stomped on the victim’s face and body. He walked away, but turned back and kicked the victim again after he tried to get up.
The man’s children were present during the assault, and were distressed, shouting at Mullen to stop.
The victim was taken to hospital by ambulance, and suffered injuries to his head and abrasions, but no fractures. No medical report was provided to the court.
A few days later on May 31 when gardai went to his home, Mullen said “it’s over the road rage incident in Rush”, adding that he only punched the injured party four times. He also denied kicking him, but refused to sign the garda’s notebook.
He attended voluntarily for interview in June 2023. He claimed during interview that the injured party was making threatening signs towards him and the female driver, including slitting the neck gestures, and giving them the finger.
Mullen told gardai that the injured party was driving in a dangerous manner, attempting to cause an accident by speeding up, then jamming on the brakes.
He said they happened to be going in the same direction as the victim and his female companion became scared when they saw the injured party’s car on the Main Street.
Mullen said he went over to the injured party and asked him what the gestures were about. He said the victim put his head towards him and “adrenaline kicked in”.
Mullen claimed the victim put his hands on his chest, then there was a scuffle. He said punches were thrown on both sides, and that the victim tried to pull him to the ground.
He said he hadn’t “technically” kicked the victim and that his actions were in self-defence.
When the injured party’s account was put to him, Mullen described it as “lies”, and denied making gestures at him while in the car. Mullen also claimed he was waving the injured party on, not showing his fist.
The victim’s injuries were outlined to Mullen, who replied “supposedly I did cause the injuries”, but that he didn’t know how he caused them. Mullen denied stomping on the victim’s head, saying he was not a violent person.
No victim impact statement was submitted to the court.
Mullen has no previous convictions and has not come to other negative garda attention.
The garda agreed with defence counsel that his client made some admissions during interview and the guilty plea was of assistance to the prosecution.
The witness also accepted the defence’s suggestion that it is unlikely Mullen will come before the courts again.
Defence counsel told the court his client accepts his explanations to gardai were self-serving and acknowledges responsibility for his wrongdoing.
Mullen’s background was outlined to the court. Several of his aunts and his partner were in court to support him.
Mullen has a good work history in construction, but has recently been on sick leave. He has an offer of work in Denmark which he is anxious to take up.
Counsel said Mullen is aware he has caused shame and disappointment to his family and to himself. He is undergoing cognitive behavioural therapy to help address his anger management issues and expects to be diagnosed with bipolar disorder. Mullen also had €3,000 in court as a gesture of remorse.
He noted there appeared to have been some type of incident which “infuriated” Mullen before the assault, but Mullen’s explanations to gardai were “self-serving”.
Having considered Mullen’s guilty pleas and lack of previous convictions along with the other mitigation, Judge Nolan suggested Mullen may have a “problem with his temper”.
The judge said the court considered Mullen’s misbehaviour was serious, but had decided it would be unjust to imprison him.
Judge Nolan imposed a two-year sentence suspended on strict conditions. He directed €3,000 was to be given to the garda within the next week and a further €500 to be collected within three months.
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