Dublin man jailed over ‘staggering brutality’ of attack on man in his home

By Eimear Dodd and Claire Henry

A man involved in a serious assault of another man who had part of his ear cut off has been jailed for eight years.

The now 26-year-old Dublin man pleaded guilty to assault causing serious harm on August 1, 2018.

He was on bail for assault at the time of this offence, Dublin Circuit Criminal Court heard. He also pleaded guilty to assault causing harm on October 16, 2017.

The man cannot be named as he was a juvenile when he was charged in relation to the 2017 assault.

He has 16 previous convictions including for robbery, assault causing harm, violent disorder, and drugs offences.

Dublin Circuit Criminal Court heard that a bench warrant was issued when the defendant did not appear for a trial date in April 2023 in relation to the charge of assault causing serious harm. Gardai made attempts to execute this warrant, but the man was identified in March after falling asleep on a bus and giving a false name. He has been in custody since the warrant was executed.

The court heard he was one of four men who attacked the victim in his home. The victim’s injuries included extensive cuts to his face, chest, torso, limbs, hands and chest. Most of his right ear was cut off and his left ear was also cut.

Imposing sentence, Judge Orla Crowe said this was a case of “staggering brutality carried out by young people,” noting that it must have had a “shattering effect” on the injured party, who had most of his ear severed and was unable to have it re-attached.

Judge Crowe said the defendant was a willing participant and was on bail at the time the offence was committed. She set a headline sentence of 12 years. The judge noted the mitigation in this case including his very late guilty plea, that he was just 18 years old at the time, his letter of apology and remorse and his personal circumstances as outlined in a letter by his mother.

Judge Crowe sentenced him to eight years in prison for assault causing serious harm. With regard to the count of assault causing harm, she set a headline sentence of two years, which she reduced to 18 months. Both sentences are to run consecutively.

In order to take into account the principles of totality and rehabilitation, Judge Crowe suspended the final 18 months for two years. She also placed him under the supervision of the Probation Service for two years post-release.

Detective Garda Sarah Keogh said the victim’s 19-year-old daughter called him around 3am and asked to come to his home with some friends.

The four co-accused, the victim’s daughter and two other women later arrived with vodka and began drinking.

One of the three co-accused fell asleep and his eyebrows were shaved off by another man, described in court as the “ringleader”. The other three co-accused shaved their heads.

The injured party asked everyone to leave. After the women had left, events escalated into a sustained attack on the victim.

The ringleader struck him over the head with a bottle of vodka splitting his lip, then the defendant struck him over the head with a bottle.

The victim was then stabbed in his legs, back and chest with broken bottles and a scissors. The ringleader threatened the other two men, telling them to join in.

All four men took turns hitting the injured party, which included blows to his head using the bottles of vodka.

The ringleader cut off most of the victim’s right ear using a scissors. The injured party was then dragged into the bathroom.

The defendant and the ringleader told the victim he was going to die that night. One of the other co-accused said he had never killed anyone before, with the ringleader saying “I’ll show you how”.

The victim was stripped and put in the bathtub, which was then filled with water. He attempted to get out, but was pushed down.

The defendant and the ringleader continued to hit him across the head with mirrors, ornaments and other objects.

The ringleader put a battery in the victim’s mouth while the defendant also hit him with the toilet cistern.

The victim managed to get the plug out of the bath and the water started to drain out.

Some time after the four co-accused left, the victim managed to get out of the apartment and was found covered in blood, falling in and out of consciousness by neighbours.

He didn’t wish to make a victim impact statement.

The court was told the defendant and two other co-accused men were spotted outside a hostel, with blood on their hands and their heads shaved.

The defendant said they had been jumped on by others. Hostel staff directed gardai’s attention to a severed ear on the ground. It turned out to be the victim’s ear, which the was court told could not be re-attached.

The court heard that the co-accused described as the ringleader received a prison sentence of eight and a half years. The other two co-accused have also already been handed sentences.

Det Gda Keogh agreed with James Dwyer SC, defending, that the co-accused described as the “ringleader” was the main instigator, adding that the defendant was a willing participant.

In relation to the assault causing harm charge, evidence was heard that the man and a co-accused attacked another man in the early hours of October 16, 2017 at James Street.

Witnesses saw both men punch the victim, while the co-accused walked off with his bag.

The injured party told gardai he was going home after working when the co-accused asked him for a cigarette, then punched him in the face.

The defendant also punched him, while the co-accused kicked him to the head. He was bleeding when gardai arrived and had marks on his back, but did not require medical attention.

Both men were located nearby a short time later. The victim’s bag was recovered.

The co-accused pleaded to robbery and received a prison sentence.

The defendant admitted assault, but denied robbery when interviewed by gardai. No victim impact statement was provided to the court.

The investigating garda agreed with Cathal McGreal BL, defending, that his client was intoxicated at the time and apologetic when interviewed.

It was further accepted that the co-accused is significantly older than the defendant.

A psychological report, letter from his mother and a letter of apology were handed to the court.

Mr Dwyer said his client had a difficult childhood, was in care and started to self-medicate with drugs after he stopped taking his ADHD medication.

He said this was a “shocking ordeal” for the victim and that his client must be punished for his role. Mr Dwyer noted there was a “lengthy” period with no offending and that his client is doing well in custody.

He asked the court to consider that his client played a different role to the ringleader.