Wexford man who assaulted an innocent person after a night out must pay compensation of €6,000

A man from Gorey was given time to pay compensation to a person he assaulted in the town, when his case went before Judge John Cheatle at a recent sitting of Gorey District Court.

Martin O’Sullivan, 11 Cois Doire, Gorey, was charged with assault causing harm arising out of an incident that occurred at Pearse Street, Gorey, on December 5, 2021.

Sergeant Victor Isdell outlined the details of the case to the judge and a victim impact statement was also submitted into evidence.

The incident followed on from an argument that took place and the court heard the defendant believed the injured party in the matter was involved in that argument when in fact he had nothing to do with it, prompting Sgt Isdell to say: “The injured party in the case was completely innocent.”

The court heard the defendant didn’t recall much of what happened on the date and that he had drank a lot of shots and beer on the day in question.

“He believed he was involved in the assault of a friend of his,” said Sgt Isdell.

“However, he [the injured party] was just an innocent party,” he added. The injured party was struck to the head and knocked to the ground.

The court heard the defendant had no previous convictions and apologised for his actions.

The judge heard the victim experienced headaches following the incident.

The defendant’s solicitor highlighted the fact O’Sullivan had no previous convictions and that he works in a factory.

“It was a case of mistaken identity and he has €1,500 with him by way of compensation” said the solicitor.

However, Judge Cheatle said that amount “wouldn’t even come close” and having ascertained that a figure of €3,750 contained in the victim impact statement amounted to loss of earnings and medicals costs for the injured party set the figure at €6,000.

The judge noted the injured party had suffered stress, pain and suffering.

“It would have to be €6,000 to come anywhere close to compensating him,” said Judge Cheatle.

He then adjourned the case until November 1, for the compensation to be paid.