Friday 28 October 2016

Teen who launched vicious unprovoked attack on father-of-two avoids jail

Jessica Magee

Published 27/07/2015 | 16:09

A teenager who launched a vicious, unprovoked attack on a father-of-two in front of his young family has received a two year suspended sentence.

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Sean Beumer (19) of Edenmore Crescent, Coolock pleaded guilty at Dublin Circuit Court to assault causing harm to Mark Kelly at Grace Park Heights, Drumcondra on March 15 last year.

Judge Martin Nolan said the victim was attacked viciously during a frightening, unprovoked and serious assault which was witnessed by his wife and family.

Garda Marguerite Reilly told Dean Kelly BL, prosecuting, that Mr Kelly had been watching a rugby international game on TV and at half-time he spotted a group of young teens sitting on a wall outside his home.

There had been problems with anti-social behaviour locally and Mr Kelly decided to go outside and tell the youths to move on.

Beumer told Mr Kelly he wasn't hanging out with the group of kids and claimed he was from the area, pointing out a parked Lexus as his car. Mr Kelly told gardaí that out of nowhere, Beumer punched him to the face and burst his lower lip which started bleeding.

Beumer punched him again knocking him to the ground and continued to punch him repeatedly to the head and body.

Mr Kelly's wife tried to pull her husband's attacker off but said he was “as strong as an ox”. She was thrown to the ground and felt a severe pain in her back.

Mr Kelly's brother came to his assistance and also saw another man joining in with the assault when Mark was on the ground.

Gardaí arrested Beumer the following day. He apologised for his actions but said it had been “self-defence”.

His 14 previous convictions are mainly for road traffic offences but include one conviction for attempted theft.

Sinead Prunty BL, defending, said Beumer took full responsibility and knew his actions were completely unacceptable. Ms Prunty said her client was unable to get work after the Leaving Certificate, fell into a negative peer group and began abusing drugs and alcohol.

Judge Nolan noted that Beumer had expressed remorse and cooperated with gardaí and said the courts were “always open” to reform, particularly with a young person.

He said because of this he would not impose a custodial sentence. He suspended the sentence for two years and ordered Beumer to undergo one year Probation and Welfare Service supervision.

Beumer's co-accused Peter O'Reilly (20), of St Declan's Road, Marino, Dublin was dealt with previously in the courts under the Probation Act. On May 5, 2015, Judge Patrick McCartan ordered O'Reilly to pay €5,000 as a token of remorse to Mark Kelly and his wife.

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