A man who called the victim of an assault to intimidate him while gardaí were at his home has been jailed.
Dublin Circuit Criminal Court heard that gardaí were called to an incident in a housing estate in the Clondalkin area on August 19th, 2021, where a man was assaulted and intimidated.
Stephen McMullen (25) of Rowlagh Gardens, Clondalkin, Dublin 22, pleaded guilty to one count of assault and one count of intimidation of a witness.
Passing sentence on Thursday, Judge John Martin said in considering the appropriate sentence, “I have had regard to the evidence given by gardai. I have had the benefit of your mother's letter and other documents handed to the court”.
Judge Martin said that in relation to the count of intimidation of a witness, it is a serious offence which could result in ten years in prison.
He placed this offence on the lower end of the scale. He placed the count of assault causing harm in the middle to the higher end of the scale.
The judge said the aggravating factors, in this case, were that the accused was on bail at the time of this offence, his previous convictions, the nature of the offence and the phone call and text message sent by the accused to the injured party.
Judge Martin also outlined the mitigating factors in the case, such as the guilty plea, his letter of apology, his self-referral to Merchants Quay Ireland and that this is McMullen's first conviction for violence.
Judge Martin sentenced McMullen to two years for assault causing harm and sentenced him to two and a half years for the count of intimidation of a witness with the final 18 months suspended. Both sentences are to run consecutively to each other.
McMullen must also have no direct or indirect contact of any type with the injured party or the injured party’s family unless directed by them.
He must keep the peace, be of good behaviour, and remain under the supervision of Merchants Quay Ireland and the Probation Services while in custody and during the suspended portion of his sentence.
At a previous sentence hearing, Detective Sergeant Bernard Houston told Kate Egan BL, prosecuting, that the injured party had met McMullen four weeks prior to this incident when McMullen offered to sell him “weed”.
The injured party bought some weed and paid for it in full.
Det Sgt Houston said that at approximately 7:30 pm on the evening of the incident, the injured party was in his home with his brother. He heard his dog barking in the hallway and went out to find a man on his porch.
The man said, “Come here, I want to talk to you”, and then tried to pull the injured party out of the house.
The court heard McMullen was outside the house with a group of other men. The injured party was kicked on the body by the men, and he was repeatedly punched by McMullen on the head. The injured party managed to bang on the door to get the attention of his brother.
The injured party got back inside the house and closed the front door. The gardai were called and were given a description of McMullen.
When gardaí were speaking with the injured party later, McMullen called him and asked, “What were the gardai still doing at the house” and “What have you told them?”
Det Sgt Houston said McMullen also said, “Don’t be giving the gardai my name. Don’t forget you have to live at the end of the road”. A short time later, the injured party received a text message with an emoji of a face with a zip going across the mouth.
The court heard that DNA evidence from the scene matched McMullen’s DNA. He was arrested and later charged. McMullen has 92 previous convictions and was on bail for three offences at the time of this assault.
The injured party did not wish to make a victim impact statement.
Mr Smith said his client called the injured party knowing that the gardaí were at his house and described this as “utter stupidity” on his client's behalf.
Counsel handed letters into the court, including a letter from McMullen which outlined his remorse for his actions.
He said his client is aware of the seriousness of the offences and that he was on bail at the time of this offending.
Mr Smyth asked the court to take into consideration that this is the first time his client is before the court for a violent offence.
