A man has handed over 10,000 euro in court to another man who he viciously attacked causing “serious and lasting damage” to the injured party.
Anthony Cantwell of Gortlarry, Carndonagh, had pleaded guilty to assault causing harm to Andrew Davenport on Stephen’s Night, 2017.
Cantwell had pleaded guilty to assault causing harm to Andrew Davenport.
The injured party had been out socialising in Farrens bar in Carndonagh on the night of the incident and had been in the company of an ex-partner of the accused.
He had then gone to another premises where he met the accused.
Letterkenny Circuit Court was told that Cantwell had asked him if they could go outside for a chat and when they did so the next thing he remembered was waking up with the accused’s weight on top of him. “He was choking me, I said I can’t breath.”
He had observed blood on Cantwell and hadn’t initially realised it was his, Mr Davenport’s, own blood.
CCTV footage has shown the accused starting to assault his victim. “He was punching him in the face and cheek continuously,” Garda Conroy told the court.
Mr Davenport had gone unconscious when on the ground and the accused had continued attacking him while others on the scene were telling him to stop.
The medical reports had shown damage to the eye which had caused impaired vision and he had undergone surgery.
Asked by Judge John Aylmer if the blurring of his sight was going to be permanent, Patricia McLaughlin, B.L., form the prosecution said: “That’s my understanding.”
In his Victim Impact statement, Mr Davenport said the incident had come at a really bad time for him. His marriage had broken down and he had been drinking heavily but coming up to Christmas he was looking forward to the future and then the assault had happened.
After the incident, he had received months of counselling and hadn’t gone out socialising for three to four months afterwards. He was, he indicated, always on the defence and had become security conscious and kept a weapon beside his bed.
It had affected him mentally and he had become a bit of an introvert.
“I hope it will make him think twice about doing it again,” Mr Davenport said of the accused.
The court heard that Cantwell had a number of previous convictions including assaults and criminal damage.
Invited to the witness stand by his counsel, Timothy Morrow, B.L., the accused apologised for his actions. “It should never have happened.”
He had, he told the court, 10,000 euro in court to offer as compensation to the injured party. “I got it off my boss,” he disclosed.
Referring to the Probation and Welfare report, Mr Morrow said his client had expressed regret and victim empathy.
He had struggled to come to terms with the ending of a long-term relationship and alcohol had become a difficulty in his life. “He has accepted that the relationship with his ex-partner has now ended.”
He was remorseful and had the compensation in court to give to the victim.
At Tuesday’s sitting of Letterkenny Circuit Court, Judge John Aylmer said he placed the offence in the mid-range of the scale, stating that would merit a five year prison term.
However, he said a three year term would be mandated before the mitigating circumstances.
The assault had caused serious and lasting damage to the injured party, he stated.
But the accused had entered a very early plea of guilt and had been of good character over twenty years since a number of minor and summary charges relating to the accused’s late teens and early twenties. He had also a hard-working life as a plasterer. “I accept that it was very much out of character,” said the Judge, adding that the amount of alcohol taken had contributed to the offence.
“He was overwhelmed by an irrational and emotional jealousy,” Judge Aylmer referred to the accused’s failure to reconcile himself with the break-up of his relationship.
“He is genuinely remorseful and the 10,000 euro compensation is a concrete demonstration of that remorse.”
He had made a genuine effort to overcome his difficulty with alcohol and sought to avail of treatment.
Given the mitigating factors, Judge Aylmer said he would reduce the sentence to one of two years but said he would suspend the entire sentence on condition that he enter a bond of 100 euro to keep the peace and be of good behaviour for two years.
The accused was further ordered to go under the supervision of the Probation Services and to attend all treatment therapies and to abstain from alcohol and unprescribed drugs.
The 10,000 euro was handed over to Mr Davenport in court through the accused’s solicitor.
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