A former boxer has been jailed for seven and a half years for an “unprovoked attack” with a guitar which left a man blind in one eye.
Dublin Circuit Criminal Court heard that Thomas Finnegan (36) of Bawnlea Drive, Tallaght, Dublin 24, was found guilty of assault causing serious harm and production of an article in the form of a guitar at the Applegreen service station, Jobstown, Tallaght, Dublin, on June 22nd, 2023.
He has 38 previous convictions, which include convictions for assault, criminal damage, public order and road traffic offences.
Passing sentence on Monday, Judge Jonathan Dunphy said Finnegan was convicted by a jury last month. He said the aggravating factor in this case was that it was an unprovoked attack, and Finnegan left the scene afterwards.
He also noted that the injured party was knocked unconscious, and Finnegan continued to kick him. The level of injuries sustained by the injured party and the non-acceptance of the jury’s verdict were also considered aggravating factors.
Judge Dunphy said Finnegan has previous convictions, of which five were from the circuit court. He also noted that Finnegan has come to the attention of the gardai since this offending in 2020.
The judge said the mitigating factors are that this man is a father of six and has a good relationship with his children. He further noted the clean urine report which was handed into the court, his involvement in sports and his motocross accident.
Judge Dunphy set a headline sentence of nine years for the count of assault causing serious harm but suspended the final eighteen months after considering the mitigating factors. For the production of an article, he set a headline sentence of three and a half years and suspended the final twelve months. Both sentences are to run concurrently. He also placed Finnegan under the supervision of the probation services for two years post-release.
He backdated this sentence to when Finnegan went into custody on this matter.
Detective Garda Elaine Markham told Marc Murphy, BL, prosecuting, that gardaí were alerted to an altercation in the forecourt of Applegreen service station on the date in question.
When gardaí arrived at the scene, there was no one present, but blood stains were seen on the ground. Gardai then travelled to the Accident and Emergency Department of Tallaght Hospital, where they found the injured party.
CCTV footage
The court heard that CCTV footage was obtained, and Finnegan was identified. During the course of his trial earlier this year, the court heard that Finnegan and the injured party got into an altercation. A “boxing match” took place in the forecourt, and Finnegan stuck the injured party with a “right-handed punch”, which knocked the man to the ground.
Det Gda Markham said the man was then kicked several times while he lay on the ground. Finnegan briefly left the area and returned with a guitar, before striking the man with the guitar. The court heard that the injured man has lost his sight in his left eye and has been told that this is likely permanent. His left eye is also shrunken due to the injury.
The injured man did not wish to make a victim impact statement. The Director of Public Prosecutions outlined that the maximum sentence for assault causing serious harm is life in prison and five years for the production of an article. The DPP believed that this offending lies in the top end of the mid-range, which Mr Justice Dunphy agreed with.
Mr Barry Ward SC, defending, told the court that his client had completed his leaving certificate and had become a gym instructor. He got involved in boxing and, for a period of time, was a professional boxer, but due to a motocross accident and the head injuries he sustained, he was no longer able to box.
Counsel said his client maintains that it is not him who was on the CCTV footage.
He said his client has a good work history, and his previous convictions are mostly for minor matters.
Mr Ward asked the court to consider leaving some light at the end of the tunnel for his client.
