Suspended sentence for Cork man for his part in 'two-against-one assault'

ONE man held another man against a van while his accomplice punched the victim seven times and the sentencing judge described it as a cowardly two-against-one assault.

Judge Helen Boyle took into consideration what she described as the “tangible demonstration of remorse” by one of the attackers in offering €3,500 to the victim.

The judge also took into consideration the fact that 29-year-old Oisín Curtin of Templenacarriga, Midleton, County Cork, had no previous convictions. A sentence of 18 months suspended was imposed on him.

Detective Garda Kieran Crowley gave evidence at the sentencing hearing for Oisín Curtin at Cork Circuit Criminal Court.

Oisín Curtin pleaded guilty to a charge of assault causing harm to a member of staff at the In and Out fast-food restaurant at Ballincurra, Midleton, County Cork, on February 17, 2019.

Det Garda Crowley said the incident occurred at 1.30am and that gardaí received a call to attend at the takeaway.

Staff reported that they were having difficulty with two men — one of whom was the defendant.

Garda Eoin McGrath dealt with Oisín Curtin at the scene and found that he was highly intoxicated as well as acting in a threatening, abusive and insulting manner.

Det Garda Crowley said: “There was a lot of blood on the floor inside the restaurant.

“The injured party had bruising to his face and nose and (the two members of staff) were in a distressed state.

“Oisín Curtin was arrested under the Public Order Act and he had a small amount of cocaine — traces of the drug.

“The injured party said that basically there was a dispute in the restaurant and Mr Curtin (and the other man) were asked to leave. When they were outside one of them kicked the front window.

“The two members of staff went out to confront them to leave. An altercation was instigated by (the man with Curtin who was not before the court).”

Det Garda Crowley said CCTV showed the co-accused pinning the injured party to a parked van while Oisín Curtin struck him seven times.

Questioned about the violent incident, Oisín Curtin said his memory was hazy as a result of being highly intoxicated.

The victim said he was psychologically debilitated for several weeks after the assault.

Defence senior counsel, Elizabeth O’Connell, said Curtin had no previous convictions and did not initiate the violence on the night or wield any weapon.

Ms O’Connell said the defendant accepted that his behaviour was completely unacceptable and that it would have been evident from his behaviour that he had consumed cocaine.

Ms O’Connell said the defendant had a good work history and had presented clear urinalysis showing he was now clear of drugs and that he had done this on his own initiative.

The accused previously brought €1,500 compensation to court and now brought an additional €2,000 for the injured party.