A man spent six weeks in hospital after he was assaulted outside the GPO in Dublin city centre two years ago, a court has heard.
Dublin Circuit Criminal was told that the man has no recollection of the assault. He required a period in intensive care and was told by doctors that he suffered a bleed to the brain.
In a victim impact statement read to the court, the victim said his world was “turned upside down” by the assault. He also suffers from memory loss and has difficulties reading and writing.
Andrew Byrne (37), of no fixed abode, pleaded guilty to assault causing harm on Lower O'Connell Street on January 26th, 2021.
The court heard the victim intervened after Byrne was seen by others shouting and being aggressive towards his partner.
Imposing sentence on Friday, Judge Pauline Codd said that while it is unclear how the confrontation between the two men began, Byrne's conduct was the “catalyst”.
She said his behaviour on a public street that day was “shameful”, and it was “not surprising that someone came to the rescue” of his partner.
Judge Codd said the victim should be commended for coming to the assistance of Byrne's partner, adding that the court does not accept Byrne was acting to defend her.
She handed Byrne a four-year sentence with the final six months suspended on strict conditions.
Confrontation
An investigating garda told Ronan Prendergast BL, prosecuting, that witnesses told gardaí they heard Byrne shouting and being aggressive towards his partner prior to the assault.
One said they heard Byrne shout “you b*tch” and “you sl*t” at her. He was also heard saying, “Come on, or I'll hit you”. She replied that he was “making a show of us”.
Byrne then said, “he could do as he liked” as it was “his town”. The victim approached Byrne and said, “Not to speak to women in that manner”.
There was a confrontation between the two men, during which Byrne struck the victim.
The garda agreed with Pieter Le Vert BL, defending, that while it is unclear who threw the first punch, both men fell to the ground after a punch by Byrne connected with the victim.
CCTV footage was played to the court and a medical report was also submitted, outlining that the victim will face long-term difficulties due to the injury sustained.
Gardaí located Byrne nearby, and he was arrested. He was interviewed on four occasions and told gardaí he acted in self-defence.
Byrne conceded he may have thrown the first punch but maintained he thought he was about to be assaulted.
He has a number of previous convictions and was on bail at the time of this incident. Byrne is in custody, having finished serving a three-year sentence in May for assault causing harm.
The garda agreed with Mr Le Vert that Byrne said he did not know what the injured party's intentions were, and he wanted to protect his partner and child. Byrne also told gardaí that his emotions were high due to the disagreement with his partner.
The garda also agreed that Byrne left the area when the victim was on the ground. It was further accepted that it could not be conclusively established who threw the first punch.
The court was also told that Byrne expressed concern for the victim during garda interviews.
Apology
Mr Le Vert said his client apologised to the victim and gardaí. A letter of apology was also handed to the court.
Defence counsel suggested this was a “one punch offence”, and Byrne did not use a weapon or interact further with the victim.
Mr Le Vert said his client witnessed the shooting of a friend when he was 16, and this had a deep impact on him. Byrne started to drink and developed alcohol and drug addiction issues.
While in custody, his client has been engaging in drug counselling.
Byrne has worked as a cleaner on the landing and in the gym. He lost his enhanced prisoner status but is working to regain this, counsel added.
Defence counsel said his client was effectively homeless at the time of this offence and experiencing a difficult period in his life.
A psychiatric report, a letter from a drugs counsellor, certificates and a governor's report were handed to the court. Mr Le Vert said his client has worked in roofing and as a forklift driver.
Judge Codd said the aggravating features include the injury sustained by the victim and its impact on his life. The judge noted that Byrne was on bail at the time and has relevant previous convictions.
She said she also took into consideration the mitigation, including Byrne's guilty plea, his efforts to deal with addiction and his remorse.
Judge Codd backdated the sentence to May 19th, when Byrne's previous sentence ended.
