EchoLive.ie, 14 Nov
Judge James McCourt said it was completely unprovoked, and that even if
the accused believed he was in some way acting as a good Samaritan, he
went much too far.
Man jailed for unprovoked glass attack on man in Cork pub on Christmas
Eve
The judge imposed a sentence of 18 months, with the last three months
suspended, and said that credit would be given for the seven months
already served by Mr O’Leary.
Liam Heylin
AN unprovoked attack by a 22-year-old man who used a glass to strike
another man’s neck in a pub on Carrigaline on Christmas Eve resulted in
him being sentenced to 15 months in jail.
Judge James McCourt said it was completely unprovoked, and that even if
the accused believed he was in some way acting as a good Samaritan, he
went much too far.
Colin O’Leary — previously of The Crescent, Curraheen, Bishopstown,
Cork, and also of Belfort, Rossa Avenue, Bishopstown — was sentenced to
18 months, with the last three months suspended, at Cork Circuit
Criminal Court.
Detective Garda Ian Breen said the injured party was assaulted with a
glass into the neck area, causing a serious injury at around 9.30pm on
December 24, 2022, at The Stables Bar, Carrigaline, Co Cork. The
accused pleaded guilty to the charge of assault causing harm.
Defence barrister Elaine Audley said the accused had alopecia from the
age of eight, lost all of his hair, and ended up experiencing severe
bullying throughout his schooling, causing him to struggle socially.
“He took drugs and was drinking at the early age of 10,” she said. “His
parents divorced. He went to three different secondary schools, which
compounded his social difficulties and bullying, and he had
difficulties making friends. He was taking drugs and drinking to mask
the difficulties in his personal life.
“Mr O’Leary was drinking all day [Christmas Eve] and taking Xanax
prescribed for anxiety. He should not have been drinking and taking
tablets together.
“He accepts the injured party had done nothing to him and that it was
an out-of-the-blue attack.
“He is doing well in prison. He has a girlfriend who is of good
character. He accepts he has anger issues. He has written a letter of
apology. There is a letter from his employer. He hopes to work
full-time and be a productive member of society.”
Judge James McCourt said: “The victim, very helpfully from
[defendant’s] point of view, said he just wants to move on with his
life.
“The previous conviction that causes me most concern is an almost
identical conviction from May 2021 for an assault causing harm
committed in May 2019. You did not learn from your previous experience.
“In mitigation, you apologised and you displayed a degree of remorse
and insight.”
The judge noted from the defence that the injured party was in a minor
dispute with other parties in an incident that had nothing to do with
Mr O’Leary but that Mr O’Leary got involved.
Judge McCourt said: “It is all very well to be a good Samaritan, but
you went way beyond that... Had you not got involved, your victim would
have enjoyed his Christmas and you probably would have enjoyed your
Christmas.”
Judge McCourt acknowledged difficulties the accused had in his youth.
He imposed a sentence of 18 months, with the last three months
suspended, and said that credit would be given for the seven months
already served by Mr O’Leary.