A 23-YEAR-OLD man has been given a three and a half year sentence for his role in an assault on a father and son in a fast food restaurant.
Daniel Creed wielded a chair during the early morning melee in McDonalds in which the 57-year-old father and his son were also punched and kicked on the ground.
Creed of Bawnlea Close, Tallaght pleaded guilty at Dublin Circuit Criminal Court to assaulting the men causing them harm at McDonalds, Rathmines Road on July 17, 2010. He has three previous convictions.
Judge Martin Nolan noted that Creed had not started the attack but said he became an aggressor who struck both the father and son with a chair. He said this was very serious and he could have caused more damage then he did.
He imposed a three and a half year sentence and suspended the final two years on strict conditions.
Garda Donal Collins told Caroline Cummings BL, prosecuting, that the father and son had been out in the Rathmines Inn that night and stopped into McDonalds afterwards.
They noticed two couples nearby and one of these couples had a fight. Creed, who was fighting with his girlfriend, kicked a chair and went outside. Two of the others went outside after him and a girl started shouting at the father and son, asking what they were looking at.
The son was sitting facing out towards the window and the group outside began making “come on” gestures to him. He gave them the finger which prompted the attack on him.
The son picked up a chair to defend himself. A “huge melee” started and when the father attempted to defend his son he was also attacked.
The father slipped on the floor and was struck over the head with the top of a chair. He suffered a hairline fracture to his left cheek.
The son was hit in the face and head and when he fell to the ground he continued to receive kicks to his head and body. He was also struck with a chair but was primarily concerned with his father who was semi conscious and bleeding heavily.
Garda were alerted and the father and son were treated for their injuries.
Creed was identified by gardai on CCTV and made admissions when arrested. He told gardai he had only hit the men because his friends were getting hit.
Gda Collins agreed with Sarah Jane O’Callaghan BL, defending, that Creed had not initiated the fight and was outside when it started. He agreed the father and son were innocent parties.
The three others involved in the assault have been dealt with in the district court.
Ms O’Callaghan said Creed was on cocaine, “E” and alcohol on the night. She said he was extremely remorseful and aware that he was fortunate more serious injuries were not inflicted.
She said he comes from a good family and made some massively wrong decisions in his life such as starting to drink at an early age and later taking drugs. She added Creed was aware he had lost total control on the night and needed anger management.