independent

Wednesday 13 December 2017

Man (31) assaulted teen on crutches

A father-of-two who assaulted a teenager on crutches after he was asked to leave his sister's wedding reception because he was drunk has been sentenced to four months in prison.

Bernard Fogarty (31) also kicked the wing mirror off a parked car on the evening.

The defendant claimed he 'blacked out' and doesn't remember anything of the evening, took the crutch off the teenager and knocked him to the ground. He then hit the young man on the leg with the crutch before being restrained by people in a nearby takeaway.

Fogarty, of Churchwell Crescent in Belmayne, Dublin 13 pleaded guilty to assaulting the teenager and causing criminal damage to the car mirror in Balbriggan on September 3rd, 2016.

Garda Colin Fitzpatrick gave evidence that at 9pm the defendant was asked to leave the wedding reception as he was intoxicated. He then kicked the car mirror and assaulted the boy outside Apache Pizza on Drogheda Street.

He knocked the boy down and took his crutch and started to hit the boy on the leg.

The defendant has 23 previous convictions, including one for assault and one for criminal damage.

Defence barrister David Costello said the 31-year old has difficulties with alcohol and is attending a psychiatrist in Beaumont Hospital. 'He is aware his situation is quite bleak,' said Mr Costello.

He said the apprentice worker is only back at work following a hernia operation but given time he can come up with money to pay for the wing mirror and is willing to do community service work.

However, Judge Dermot Dempsey asked: 'What about the 15-year-old boy on crutches? I can't see my way around not giving a custodial sentence.'

Judge Dempsey also noted the defendant was convicted three months prior to the incidents in June 2016 for a similar offence of assault. 'He's a menace, that's what he is. He has nothing here today to show he has done anything about his drinking.

'He had every opportunity to produce something and he has already been afforded community service work,' said Judge Dempsey and imposed the sentence.

Fingal Independent

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