Jail shortened despite stamping on boy’s head

VICTIM: A young student who was left brain damaged after a violent assault which saw him stamped 65 times on the head during an unprovoked attack.

ATTACKER: Adam Fitzgibbon was sentenced to 15 years but had his sentence reduced by five-and-a-half years on appeal. A MAN who stamped on a schoolboy’s head 65 times had his sentence cut by five-anda-half years back in 2014.

The student was aged 16 at the time when he was subjected to the violent assault which also saw him punched 26 times in the head.

Adam Fitzgibbon left his victim brain damaged and he also stamped on his victim’s chest in the attack. CCTV footage of the vicious assault was played at his sentencing in 2011. Trial judge Mr Justice Paul Carney decided to jail Fitzgibbon, who was aged 17 at the time of the attack, for 15 years.

But an appeal court said that graphic video evidence of the assault had ‘excessively influenced’ the sentencing judge.

The victim’s parents told of their outrage at the leniency shown to the boy’s attacker, saying: ‘Our son has a life sentence.’ At the time they called on Justice Minister Frances Fitzgerald to ‘review the justice system’ to put more focus on the victims of crime.

In giving the appeal court’s decision, Mr Justice Frank Clarke said that sentencing should not be ‘excessively influenced’ by the ‘graphic evidence’ on the video.

The victim’s parents believe he will never be able to live on his own. They said he needs help with small tasks such as tying shoe-laces and doing up his buttons.

He was an ‘A-student’ before the attack. In contrast, it was a ‘miracle’ he completed his Leaving Cert, they said.

Fitzgibbon left the boy – who was waiting to be picked from a Co. Clare service station in July 2010 – in such a state that his mother only recognised him by his clothes.