A man who fractured an eight-year-old boy’s nose because of a dispute the child had with his daughters has been handed 240 hours of community service in lieu of an 18-month jail sentence.
Kamil Naumczyk (40) ran after a group of boys and followed them into a nearby back garden after his daughters told him the boys had been fighting with them. The victim and another boy were standing on the threshold of a cabin, in that garden, when Naumczyk punched him in the face with a closed fist, causing the child to fall backwards.
His friend’s mother brought the child back to his parents and Naumczyk came with them. He immediately admitted punching the child and said he was defending his daughters.
The child was later brought to the Emergency Department at Tallaght Hospital but was then referred to a specialist. He later underwent surgery to put a plate in his nose to stabilise it.
Naumczyk, of Oakton Park, Ballybrack, Dublin, pleaded guilty at Dublin Circuit Criminal Court to assaulting the child causing him harm on May 8th, 2021. He has no previous convictions.
On Wednesday, Judge Martin Nolan heard a report had confirmed Naumczyk as suitable for community service. He ordered the defendant to carry out 240 hours of community service in lieu of an 18-month prison sentence.
At a previous sentence hearing, Judge Nolan said Naumczyk had “grossly overreacted” to whatever his daughters had told him.
“To assault a minor in this way is a gross misjudgement and very reprehensible. It was obviously a very frightening experience for the injured party, who suffered a deviated septum,” the judge said.
He noted that Naumczyk had immediately made admissions to the victim’s parents, expressed remorse and cooperated with gardaí.
Judge Nolan also said Naumczyk had a long work history, family responsibilities and no previous convictions.
“He has good insight into his wrongdoing and I think he’s unlikely to reoffend to any great degree,” the judge added.
Altercation
Garda Kerry Connor told Lisa Dempsey BL, prosecuting, that the child later told specialist gardaí he had been out that day building a fort with some other boys on the local green. Three young girls, about the same age, joined them, but there was an altercation between the children after the boys decided “they had not been pulling their weight”.
The boys continued to build the fort and the girls left. Naumczyk came out shortly afterwards and the boys ran off, but he followed the victim and assaulted him.
Naumczyk later said the girls claimed they had been shot with a NERF gun and threatened with a shovel. They said one of the girls had also been kicked by the one of the boys.
A victim impact statement was handed into court but not read aloud.
Judge Nolan said he had considered ordering monetary compensation but had decided it was not appropriate as the victim was a minor.
“I hope the child is in recovery; and Mr Naumczyk, I hope you won’t do it again,” the judge said.
Gda Connor agreed with Fiona Murphy SC, defending, that Naumczyk had offered an explanation for his behaviour but had not tried to justify it and instead accepted fully that he had been in the wrong.
Ms Murphy said his client was shocked by his own behaviour and was very co-operative with the garda investigation.
Counsel said her client has two young daughters and his “family is the focus of his life”.
Ms Murphy handed in two letters to the court which outlined that Naumczyk was “not happy with his behaviour on any level” and described him as “a supportive father and partner”.
Counsel said her client was “genuinely remorseful” and cannot explain his behaviour. “It was his intention just to speak to the child. He is appalled by his actions,” Ms Murphy said.
He has a good work history and is the sole earner for the family, the court heard.
