Man and woman jailed for attempted robbery and assault that left victim unconscious
Claire Henry
A man and woman have been jailed for their roles in the attempted robbery and assault on a man who was beaten unconscious in Dublin city.
Samantha Osbourne (33), who is living in a Dublin hostel, pleaded guilty to an attempted robbery.
A co-accused, Adam Casey (22), who is also living in a Dublin hostel, pleaded guilty to one count of attempted robbery and one count of assault causing harm. All offences took place at Crane Lane, Dublin city centre on November 9th, 2020.
A third co-accused Andrew Cash (32) of no fixed abode was previously sentenced by Judge Pauline Codd for his role in the attack and is currently serving a five-year prison sentence.
Garda Kevin Cassidy told David Perry BL, prosecuting, that the injured party had been socialising with friends on the night in question.
He was walking towards the city centre when he stopped to smoke a cigarette on Crane Lane.
He was approached by Osbourne who asked him for a cigarette. Cash was with her, he grabbed the injured party and held him down while Osbourne searched his pockets. Osbourne then left the scene.
Cash left the scene before returning a few moments later with Casey and another man. The man was attacked by all three men. They pulled him to the ground, kicking him to the body multiple times and stamping on his head. The court heard that while the injured man lay unconscious on the ground, his pockets were again searched.
X-ray and MRI
Garda Cassidy said when gardaí arrived at the scene, the injured man was covered in blood and was disorientated. He underwent an X-ray and MRI, and a medical report was handed to the court.
The man suffered a fracture to his nasal bone; his two front teeth were cracked, he had injuries to his back, and a severe concussion.
A victim impact statement was handed into the court but not read out.
Osbourne was identified using CCTV footage. She was arrested and interviewed. She denied being at the scene of the crime, but once she was shown the CCTV footage, she identified herself but said she could not remember it.
She took a trial date, but on the day of the trial, she failed to attend and a bench warrant was issued. She was remanded into custody and entered a guilty plea. Osbourne has 90 previous convictions, 50 of which are for theft.
CCTV
Casey was also identified using CCTV footage. He also took a trial date but entered a guilty plea on his trial date. Casey had turned 18 two days before this offence. Casey has 15 convictions all of which arose after this offending.
Garda Cassidy agreed with Nicola Cox BL, defending Osbourne, that her client does not have any convictions for violence and that all her previous convictions were borne out of addiction. The garda accepted that Osbourne is a vulnerable person and was apologetic during her garda interview.
Ms Cox told the court her client is “deeply ashamed” of her actions. She said Osbourne was homeless at the time and left the area after the first encounter with the injured party. She said her client is doing well in custody and training to be a barista and hairdresser.
The garda agreed with the defence counsel for Casey that her client had turned 18 two days before this incident. He agreed that Casey was homeless, had addiction issues and was “hanging around with a bad crowd”.
Counsel said Casey moved to the UK for a time where he enjoyed a pro-social life. She said since he went into custody, his mental health has suffered. She handed a letter of remorse into the court in which Casey asked for forgiveness.
Passing sentence at Dublin Circuit Criminal Court, Judge Martin Nolan said the injured party was treated disgracefully by everyone involved. He said the man was beaten by Cash, and then Osbourne “riffled through his clothing, but the man had nothing to steal”.
Prison term
Judge Nolan said Osbourne did not commit any physical attack on the injured party. He noted that she has a “disgraceful history of conviction. He considered her guilty plea but said that she deserved a prison term.
He said, “you cannot attempt to steal or rob a defenceless man”. He sentenced her to 16 months in prison, backdated to when she went into custody on this matter.
The judge said Casey’s involvement was “far more sinister”. He said Casey participated fully. The judge noted that at the time of this offence, Casey had no previous convictions but is currently serving a prison sentence in Castlerea Prison for offences that took place in Galway.
Judge Nolan said, “To attack a defenceless man like this is grievous”. He considered Casey’s guilty pleas, his young age at the time of the offence and the challenges and difficulties he has had. He noted that Casey was not given a great start in life.
Judge Nolan said Casey deserves a prison term and sentenced him to four years in prison but suspended the final year. He placed Casey under the supervision of the Probation Services for one year post-release.
