A teenager who used a vice grip in a “frenzied manner” during a “shocking” and unprovoked assault on a student travelling on a Luas has received a period of detention.
The 17-year-old Dublin boy, who can't be named for legal reasons, was sent forward to Dublin Circuit Criminal Court on signed pleas from the District Court after pleading guilty to one count of assault causing harm and one count of production of a vice grip on December 5th, 2022 on a Luas.
He also pleaded guilty to one count of assault causing harm on January 17th, 2023. Both incidents took place in Dublin.
The court previously heard that the accused was part of two separate groups which carried out unprovoked assaults on two students.
Imposing sentence on Monday, Judge Elma Sheahan described CCTV footage of the unprovoked attacks on the two victims as “disturbing”, “upsetting” and “appalling”.
She said the CCTV from the Luas showed a group of young males “throwing around their collective weight” and in the course of the incident, assaulting two individuals who were sitting alone with no back-up, adding that the “definition of cowardice appears apt”.
She said the use of a vice grips during this incident by the accused is “shocking” and the CCTV footage is “uncomfortable to watch”. She said the defendant's role was “significant” and he used the vice grip in a “frenzied manner”.
Judge Sheahan noted the effects of unprovoked violence on society and said the courts must try to deal with the sense of fear that may be felt by people using public transport or on the streets in the presence of large groups of young people.
She said the aggravating factors include the level of violence used in both incidents, the use of a vice grip, and the unprovoked repeated nature of offending.
Judge Sheahan said she took the mitigation into account including his lack of previous convictions, his age, expressions of remorse, the contents of reports submitted to the court and the support of his family.
She initially said the court intended to impose a global period of detention of 34 months, with the final six months suspended during which the accused would be placed under the supervision of the Probation Service.
However, the judge noted this order would not be enforceable under the Children's Act. Instead, she imposed 28 months in detention, with the teenager to liaise with relevant services during this period.
Attack
At a previous sentence date, the investigating garda told Jane McCudden BL, prosecuting, that the first incident took place on the red line Luas.
The victim was travelling home from college when a group of teenagers, including the accused, got onto the tram at the Belgard stop.
Some of the teenagers took a bottle from a man sleeping behind the victim, then threw it at this man. After this, one of the group asked the victim what he was looking at.
The garda said the victim was sitting opposite the group of males and they “seemed to take exception” to this.
The victim was struck on the mouth, which caused damage to a tooth.
More teenagers, including the defendant, started to hit and punch the victim, who tried to cover his head to protect himself. The accused also had a vice grip in his pocket which he used to strike the victim three or four times.
CCTV of the assault was played to the court. The garda said the accused was the “lead aggressor” during the main assault on the victim.
A number of passengers intervened to stop the attack. After the assault, the victim felt blood on his nose. He also sustained swelling to his face and bruising. Photos were handed to the court along with a letter from the victim's dentist.
The accused was arrested, but nothing of evidential value was obtained during interview.
'Ferocious assault'
In a victim impact statement read to the court, this victim said that after the assault he was “very afraid” of large crowds and of using the Luas as he no longer felt safe. He said his studies were affected, and he faced additional costs as he started to drive to college.
The garda agreed with Sarah Jane O'Callaghan BL, defending, that her client entered an early guilty plea and was respectful in his interactions with gardaí. He also accepted that the teenager has a supportive family.
It was agreed that the accused did not cause the injury to the victim's tooth.
Ms O'Callaghan put it to the witness that her client was initially sitting in a different part of the tram before he “got involved” by following the group in a “ferocious assault”. The “level of aggression was shocking,” Ms O'Callaghan said.
The garda replied he “could have stayed where he was” in another carriage.
In relation to the second incident, the victim left his apartment at 8.30pm on January 17th, 2023 and was crossing the road when he saw a group of young people running after him.
The victim started to run, but the group caught up with him and started to kick and punch him. The victim fell to the group and the assault continued.
The teenager was part of the group of five males who attacked the man. He struck the victim at least three times with his foot.
The victim lost consciousness during the assault and sustained a large gash to his head, which required six staples and a minor fracture to his cheek.
He spent eight days in hospital. Photos of his injuries were handed to the court.
CCTV was played to the court, during which the teenager and others involved could be seen laughing after the assault.
The accused was identified from the CCTV and while he initially denied any involvement, he later accepted responsibility and showed remorse.
Psychologically vulnerable
The garda agreed with defence counsel that both offences were similar. He accepted that the teenager showed remorse when interviewed and that a psychological report states the accused displayed shame and victim empathy.
It was also agreed that another male encouraged the assault on the victim.
In his victim impact statement, the second victim said he is now nervous walking near large crowds. He said he came to Ireland to study and work and did not initially contact family abroad as he did not want them to see his injuries.
Ms O'Callaghan said her client's role was “significant” in the first assault, but he was “not the initial aggressor”, adding that another male was also “inciting” the assault of the second victim. However, her client accepts his involvement in both assaults, she said.
She added the teenager has autism and ADHD, and apsychological report was handed to the court.
Her client has engaged with relevant services and has distanced himself from the negative peer group.
She said her client is quite introverted and quiet when not in the company of his peers, but is psychologically vulnerable and easily led by others. His family are extremely supportive of him and were present in court.
He has built up a drugs debt due to his use of cannabis and his family are concerned about pressure from third parties in relation to this debt, which they intend to repay.
Ms O'Callaghan said the teenager has faced a number of challenges in his life, including the death of his father when he was younger, which has had a destabilising impact on him.
Defence counsel outlined the contents of a Probation Report to the court. She said her client had displayed remorse in his interactions with the probation officer. She noted that the probation officer recommends multi-agency supports for the teenager including the Child and Adolescent Mental Health Services.
She said her client has “lost hope” and accepts that he is facing a period of detention. She asked the court to consider all available options when finalising this case.
