Jail time for punching e-scooter rider overturned as judge praises victim's statement

Fionnuala Walsh

A man with mental health difficulties who punched an e-scooter rider in the face has had his jail sentence overturned on appeal, after a judge noted the victim had written an “extremely generous” impact statement.

Brian McCann (41), of Georgian Hamlet Baldoyle, Dublin 13, pleaded guilty in the District Court to assault under Section 3 of the Non-Fatal Offences Against the Person Act 1997 and received a three-month custodial sentence in April last year.

The victim of the attack was riding an e-scooter on Belcamp Lane, Coolock, Dublin on February 24th, 2022 when Mr McCann approached him on the street.

Mr McCann spoke aggressively to the man and then punched him once in the nose. The victim started to bleed but did not seek medical attention.

Defence counsel for Mr McCann, Adrian McDonagh BL, told the District Court Appeals Court on Tuesday that the victim impact statement was “remarkably benign and kind” to the appellant.

Mr McDonagh said that Mr McCann was appealing the case on the severity of sentence only.

He submitted that the attack fell into the “low to mid” scale of sentencing for assault under Section 2 and reminded the judge that Mr McCann pleaded guilty to the charge in both courts.

He said Mr McCann is a paranoid schizophrenic who had a troubled upbringing and that the three-month custodial sentence was “too harsh” and “ought to be overturned”.

Judge Fiona O’Sullivan on Tuesday said the parties were known to each other and the victim impact statement was “extremely generous”. She acknowledged Mr McCann’s medical difficulties and the fact that he apologised to the victim.

Judge O’Sullivan agreed to suspend Mr McCann’s three-month sentence in its entirety for 12 months on condition that he would maintain good behaviour and keep the peace.