Four men lay in wait for a victim walking past a garage late at night and one of the attackers who struck him with a hiking stick has been jailed for his part in the violent robbery.
Colin Costello had sentencing adjourned a number of times and came to court with a total of €4,000 compensation for the victim.
He was sentenced to two years with the last six months suspended by Judge James McCourt at Cork Circuit Criminal Court.
Defence barrister Dermot Sheehan suggested that the accused might have anticipated a non-custodial outcome when the case was previously adjourned by another judge.
Judge McCourt said that if anyone had any query about a prison sentence being imposed they need only look at the victim impact statement.
The victim said he was affected mentally, physically and financially, and that the violent crime had caused emotional distress for his family too. The attack also put him under financial pressure, particularly for ongoing dental treatment.
The victim said, “No one should go through such a violent attack thinking, ‘I could die here. Will I survive this?’”
Judge James McCourt said it happened in the dead of night.
The judge said to the accused, Colin Costello, “You have taken steps and shown a lot of insight.
“To encourage rehabilitation and acknowledge steps you have already taken I will suspend six months of the two-year sentence.”
Colin Costello pleaded guilty to his part in the robbery and the related charge of carrying a weapon at the time.
Mr Sheehan barrister said at Cork Circuit Criminal Court that Costello was intoxicated on the night and had substance abuse issues. He had no previous convictions.
The victim stated that he was left to wonder why he was targeted for this attack and robbery.
Detective Garda Lorna Healy said the victim was not targeted in particular but the accused and his accomplices were in effect waiting for the next person who would pass by.
The detective said it happened on December 7 2019 when the injured party was walking past the Maxol in Ballyphehane.
The injured party had to pay €10,000 for dental treatment and could further outlay for this treatment in the future. The judge said the replacement of the iPhone would have cost in the region of €1,000.
24-year-old Colin Costello, with an address at 83 Fr Dominic Road, Ballyphehane, Cork, replied, “I am sorry”, on the day he was charged.
Det Garda Healy said the crime was unprovoked and there was some element of pre-planning.
Judge James McCourt said that he (Costello) cooperated fully with the gardaí when he was shown CCTV, showed remorse, showed insight, addressed underlying causes that led him to crime and down slippery slope.
On the aggravating side, he acted with accomplices and there was a considerable degree of violence.