Wednesday 28 September 2016

Girl (16) caught on CCTV footage stamping and kicking Brazilian national in the head 15 times jailed

Sonya McLean

Published 29/06/2016 | 21:45

The Criminal Courts of Justice in Dublin
The Criminal Courts of Justice in Dublin

A 16-year-old girl who was caught on CCTV footage stamping and kicking a Brazilian national in the head 15 times has been given a three year sentence.

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Dublin Circuit Criminal Court heard that the teenager told gardaí on her arrest that she had no recollection of the night but she said she felt sick after seeing herself attacking Marcus Guimaraes on the footage.

Garda Maria O'Hara told Judge Martin Nolan that she was 100 percent sure it was the girl before the court who could be seen on the footage delivering the kicks and stamps to the victim's head.

She said when she arrived on the scene the victim's head was clearly dented in. She told Judge Nolan that Mr Guimaraes was very lucky he didn't have life threatening injuries.

Gda O'Hara agreed with the judge the bones in the man's head must have collapsed but later “obviously righted themselves”.

Mr Guimaraes was left with two black and bloodshot eyes, a swollen nose and a swollen face. He was kept in hospital for observation but didn't require medical treatment. He missed a week of college and didn't attend a job interview because he was worried about his appearance.

The now 17-year-old girl, who cannot be named for legal reasons, pleaded guilty to violent disorder in Temple Bar on July 23, 2014. She has 26 previous convictions for assault, violent behaviour in a garda station and theft. She is due her first baby later this year.

Two young men who pleaded guilty to the same violent disorder were dealt with on Tuesday by Judge Nolan. They were caught either punching the man or kicking him once. Both received a four year sentence with the final 18 months suspended.

Judge Nolan said the teenagers had attacked this “unfortunate victim” for no apparent reason and it was lucky for everyone that Mr Guimaraes didn't have more serious injuries.

He said the girl seemed to have had a problem with drink and controlling herself while under the influence of alcohol.

He said the victim's injuries on the night was “indicative of very violent behaviour”.

Judge Nolan said he believed that she “couldn't be reformed without undergoing a form of custody” before ordering that she serve three years detention. He suspended the final 15 months of the sentence on condition that she engages with the Probation Service for 15 months on her release.

Gda O'Hara told James Dwyer BL, prosecuting a number of other youths were caught on CCTV footage turning into Temple Bar before being followed shortly afterwards by the victim. There then appeared to be some sort of interaction between Mr Guimaraes and the teenagers before a fight broke out.

A person who was staying in a hostel nearby contacted the gardaí and the victim was still at the scene when they arrived.

Gda O'Hara agreed with Luigi Rea BL, defending that his client had since made positive adjustments to her behaviour and no longer abused alcohol. She accepted that the teenager didn't have a drug problem.

Counsel said the girl had since met an older man and completed a number of catering courses with Fás and was expecting a child in a few months.

He said there was “an element of a short fuse at work” which was inappropriate but she was starting to deal with it.

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