Man jailed for kicking down another’s man door before assaulting him

By Declan Brennan & Isabel Hayes

A man kicked in the door of a man’s house and carried out a lengthy attack because he believed the victim had hurt a woman, a court has heard.

Lawyers for John Tobin of Corran Ard, Athy, Co. Kildare, told Dublin Circuit Criminal Court that Tobin’s actions were a misplaced effort to assist a vulnerable person – the partner of the injured party.

The court heard Tobin had been given “information” that “certain things had happened to her” at the hands of the injured party.

As a result, he said he went to talk to this man, but instead kicked the door in and assaulted him.

Keith Spencer BL, defending, said his client accepts how he was wrong in what he did.

The court heard that the victim has shown a “very magnanimous” attitude towards Tobin.

Tobin pleaded guilty to assault causing harm at an address in East Wall, Dublin city, on July 24, 2018.

Judge Melanie Greally said that Tobin had gone to the house on the back of information from a third party that led him to believe that the woman had been hurt by the resident there.

The court heard Tobin’s assault victim has expressed a desire to remain nameless.

Tobin kicked in the door of this man’s home and then began punching and kicking the victim.

He also used pieces of furniture and household implements in the lengthy assault, the judge said.

The victim suffered cuts to his head and injuries to his limbs and body, but no “particularly serious consequences”.

He required a number of staples and suffered a punctured lung.

The court heard Tobin has a number of criminal convictions, including for assault and public order offences and has struggled with alcohol and cocaine abuse for many years.

Mr Spencer told the court that Tobin’s substance abuse stemmed from a number of tragic bereavements of close family members. He said Tobin is drink and drug free now.

Tobin had €1,000 in court as an expression of his remorse which the victim was happy to accept, the court heard.

Judge Greally noted Tobin’s positive steps towards rehabilitation and his expressions of remorse.

She said she was also taking the views expressed by the victim into consideration.

She suspended the final 15 months of a 30-month prison term on conditions that Tobin keep the peace and engage with the Probation Services for 15 months after his release from custody.