No jail time for stamping on man’s head in Limerick hotel

Judge Tom O'Donnell.

A MAN who repeatedly stamped on another manโ€™s head during an unprovoked attack at a Limerick hotel has walked free from court after receiving a fully suspended sentence.

Lee Oโ€™Brien, (25), with an address at Cratloe Woods Student Village, Co Clare, pleaded guilty to assault causing harm to Danny Sutton, Kilmacthomas, Waterford, at the South Court Hotel, Raheen on ย September 9, 2018.

Following his arrest, Oโ€™Brien, who did not know the victim, told Gardai he was disgusted by his actions.

The unprovoked attack occurred in the early hours of the morning near the hotelโ€™s residents bar, and after the accused had consumed alcohol, which he had an addiction to.

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Itโ€™s understood Mr Sutton, who had been staying at the hotel after attending an event at an exhibition centre in Limerick, attempted to intervene in an argument involving Oโ€™Brien and members of his family, however Oโ€™Brien lashed out, punching Mr Sutton and knocking him to the ground.

Oโ€™Brien continued attacking Mr Sutton as he lay on the ground, and after having walked away, he returned and stamped on Mr Suttonโ€™s head at least three times.

Judge Tom O’Donnell described Mr O’Brien’s actions as an unprovoked and very violent attack.

“Heย clearly targeted the victimโ€™s head with several stamps. He took a deliberate position and delivered a number of stamps to the victimโ€™s head.โ€

Judge Oโ€™Donnell said it was fortunate Mr Suttonโ€™s injuries were not as serious as they could have been.

Mr Sutton suffered cuts, lacerations, and bruising to an eye and to his head, but he did not sustain โ€œlong lasting injuries and he made a full recoveryโ€, the judge said.

The assault was captured on closed circuit television camerasย at the hotel and the footage โ€œclearly showed Mr Oโ€™Brien as the aggressor and stamping on Mr Sutton a number of times”.

After his arrest Oโ€™Brien made full admissions, telling Gardai, โ€œdrink doesnโ€™t agree with meโ€ and he admitted the attack was disgusting.

Whenย he was charged with assault causing harm, Oโ€™Brien replied: โ€œIโ€™m very sorry.โ€

The judge said it appeared an argument had broken out between members of Oโ€™Brienโ€™s party โ€œand Mr Sutton may have gone to calm it down and the accused lost his temper and kicked and punched and stamped on himโ€.

The court heard Oโ€™Brien had 16 previous convictions, including for assault and burglary, and theft.

Oโ€™Brienโ€™s barrister said his client was a loving father with a long term partner, and was โ€œabsolutely appalled at his own behaviourโ€.

โ€œHe had quite a tough upbringing, lost his father when he was ten and he fell in with the wrong crowd,โ€ he added.

The court heard Oโ€™Brien had since mended his waysย and wasย exceptionally apologetic. He had found full-time employment, was attending Alcoholics Anonymous, and had engaged in residential treatment for his addiction.

He had alsoย offered โ‚ฌ500 compensation to the victim.

Judge Oโ€™Donnell said the fact the attack was completely unprovoked was concerning and that Oโ€™Brien, from his previous convictions, had shown a โ€œpropensity for violence, which is magnified by alcoholโ€.

In light of his early guilty plea, and his efforts to rehabilitate himself, the judge imposed a suspended two-year jail sentence and ordered he pay Mr Sutton โ‚ฌ500 compensation.

He added thatย he would activate the suspended sentence if O’Brien got into trouble within the next two years.