A man who bit off part of a restaurateur's ear after he was told the premises was not yet open has been given 240 hours of community service in lieu of a three-year sentence.
Petru Budai (43), of Finnslawn, Lucan, Co Dublin, pleaded guilty to one count of assault causing harm to the man at Whitehall Terrace, Swords on October 28th, 2021. He has no previous convictions.
The court heard that on the day in question, the injured party was preparing to open the restaurant, and his daughter and nephew were carrying out a deep clean when Budai came to the restaurant door, along with two other men.
Budai told the restaurateur that he wanted something to eat and drink. He was clearly intoxicated, the court heard.
When he was told the restaurant was not yet open, Budai wrapped his hands around the injured party and bit his ear, saying something that sounded like: “I eat you, I eat you,” the court heard.
Others came to the man's assistance, and he was taken to hospital, the court heard. The part of his ear that had been bitten off was recovered, but could not be re-attached.
Sentencing Budai on Monday, Judge Martina Baxter said it was a “devastating” attack, which must have been traumatising for the injured party.
She noted it was an attack carried out on a business owner who was sober and trying to tell a member of the public that his business was not open. She said there were young people present at the time of the attack.
Judge Baxter said Budai was “clearly out of control” on the day in question as a result of his alcohol intoxication.
She took into account a number of mitigating factors in the case, including that Budai is now receiving alcohol addiction treatment, has no previous convictions and has expressed genuine remorse for his actions.
A letter of apology was written to the victim and Budai had a sum of €5,000 in court as a token of his remorse.
Judge Baxter ordered Budai to serve 240 hours of community service in lieu of a three-year jail sentence. Budai nodded and said, “thank you very much” after the sentence was handed down.
