VICTIM WAS ‘SUCKER PUNCHED’

DEFENDENT HIT OUT AT ACCUSED IN CHIPPER – WITHOUT ANY WARNING

JUDGE O’Donnell has given a Tralee man, who assaulted another male without warning, a chance to stay out of jail – but warned him that he if he gets in trouble in the next two years, he will be facing jail time.

Tralee Circuit Criminal Court heard last Friday that Michael O’Brien of 6 Tamhlach Lí, Tralee, was charged with assault causing harm to Wayne Bowden in Jumbo’s chipper on William Street in Tralee. He did not know Mr Bowden and struck out at him without warning. There had been no interaction between the parties. Mr O’Brien had been at the counter of the chipper and had walked down, put down his food and hit out the victim.

The court heard that Mr Bowden was a “defenceless victim” when he was “sucker punched” from behind.

He suffered a broken jaw in the assault, which was captured on CCTV.

“The parties were unknown and there was no reason given”, said Judge O’Donnell in summing up the case.

The incident, the court heard, was “impulsive and not premeditated”.

The court heard that Mr Bowden did not want to make a formal complaint when approached by Gardaí, and there was no victim impact statement in court. The court heard that Mr O’Brien is 23 and has since got married and has some stability in his life now.

The incident was “an aberration” in Mr O’Brien’s life. Judge O’Donnell said that this type of assault must carry a custodial sentence, and he gave Mr O’Brien a two-year suspended sentence.