A LEAVING Cert student out celebrating his results put his foot on the bonnet of a car in Cork city but the motorist reacted by punching him in the face and breaking his nose.
Sergeant Gearóid Davis said the student was dealt with by way of an adult caution at a garda station but the motorist was prosecuted today on a charge of assault causing harm.
Dean Cunningham of Churchfield Avenue, Churchfield, pleaded guilty to a charge of assault causing harm to the student.
A victim impact statement was presented to the court which Judge Olann Kelleher read before sentencing was addressed.
Sergeant John Kelleher said the incident occurred on August 17, 2017, at Oliver Plunkett Street. The injured party was socialising, having got his Leaving Cert results on that day.
He was with friends and intoxicated to a degree, by his own admission.
“At approximately 12.30am the injured party was standing at the junction of Caroline Street and Oliver Plunkett Street among a large crowd of people.
“The defendant, Dean Cunningham, was at the junction in his car which was stationary at the time.
“The injured party put his foot on the bonnet of Mr Cunningham’s car which caused a dent in the bonnet. Dean Cunningham got out of his car and proceeded to punch the injured party directly in the face which caused him a broken nose.”
Cunningham, aged 26, claimed his car was damaged. The student who was assaulted for putting his foot on the bonnet was given an adult caution for his role in the incident, Sergeant Kelleher said.
Emmet Boyle, barrister, said the defendant accepted entirely the very fair description of what happened.
“He was sitting in his car minding his own business but he did an act which was in excess of what he was entitled to do to protect his property. But it (the assault) was not utterly gratuitous,” Mr Boyle said.
Judge Kelleher accepted that but said this occurred in August 2017 and there was no compensation offered in court.
Mr Boyle BL asked for a chance for the accused to gather compensation. The judge adjourned sentencing until July 17 to give the accused an opportunity.