A judge has ruled that the case of a youth accused of starting and taking part in a “random” gang attack on a medical student in Dublin is too serious to be dealt with in the Children’s Court.
The victim (21) was “punched 10 times to the head and body” and suffered concussion.
Judge Paul Kelly held that the 17-year-old defendant should be tried at the Circuit Court level, which has broader sentencing powers.
The defendant, who cannot be named because he is a juvenile, was charged with assault causing harm to the young man in the Collinswood area in Dublin 9 on November 11th, 2022.
He faced a preliminary hearing at the Dublin Children’s Court to decide his trial venue.
Judge Kelly heard that a fourth-year Royal College of Surgeons student had finished a 14-hour shift in his placement at the Temple Street hospital.
He was taking a shortcut when the accused allegedly “intentionally bumped off, shoulder bumped him”, and all three “set upon” him.
An investigating garda described it as a “completely unprovoked random attack”.
The student was “punched ten times to the head and body”, suffered a concussion and had his gym bag containing personal belongings stolen.
Afterwards, “he was not sure where he was”, and a passer-by brought him to Beaumont hospital; he had cut eyes, a lump to his forehead and a swollen jaw.
A witness spotted three youths discarding the bag, and gardai spoke to the accused and two others shortly after the incident but before they learned about the attack.
They were later notified that a man had been brought to Beaumont Hospital after being assaulted at that location.
The court heard the accused did not comment during his Garda interview.
An adult co-defendant faces separate proceedings and is awaiting sentence, and the other youth was dealt with in the Garda juvenile diversion programme.
Counsel for the defence said the teenager was not pleading guilty.
Judge Kelly said the case was unfit for trial in the Children’s Court; he refused jurisdiction and remanded the teen, accompanied by a family member, on continuing bail.
The boy will appear again later this month to be served with a book of evidence and returned for trial.
