Courts

Man jailed for ‘savage’ punch that left man with life-threatening injuries

Experience in taekwondo ‘explains to some degree the proficiency’ in the way assailant punched victim, judge says

01/11/2022 -NEWS- The Criminal Courts of Justice, Dublin. Stock Views of The Criminal Courts of Justice. Photo: Tom Honan for The Irish Times.

Eimear Dodd
Mon Jul 31 2023 - 19:17

A man who struck another man with a “savage and powerful punch” in the toilets of a pub causing life-threatening injuries has been given a prison sentence.

Jason Owens (34) of Oak Grove, Royal Oak, Santry, Dublin 9, pleaded guilty at Dublin Circuit Criminal Court to assaulting Conor Kelly causing him serious harm at the Cock and Bull pub in Coolock on January 1st, 2020.

Imposing sentence on Monday, Judge Martin Nolan said Owens had “lost control” at a certain point for “reasons only known to himself” and had punched Mr Kelly.

The judge said the attack was “unprovoked” and the punch was “savage and powerful”. Noting CCTV footage of the incident was shown to the court, the judge said the punch seemed to be “extraordinarily effective” and noted that Owens had experience in taekwondo, which “explains to some degree the proficiency in the way he punched”.

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The judge said Owens “undoubtedly deserves” a custodial sentence “due to his reckless behaviour on the night”. He said that the court accepted Owens had not intended to cause the injuries sustained by Mr Kelly, but “when you punch someone with such savagery, serious injury is always possible”.

He sentenced Owens to 3½ years’ imprisonment with the final 12 months suspended on strict conditions.

A local garda told Maddie Grant, prosecuting, that the injured party had been on a night out with friends when he encountered Owens in the toilets of the pub. Both men had never met each other before this.

A witness told gardaí that the men engaged in friendly conversation while washing their hands.

While the men continued to chat, Mr Kelly leaned over to whisper something to Owens, who pushed and hit him once with his elbow.

Mr Kelly fell to the ground and was then kicked once in the head by Owens before he left. Other bystanders came to the assistance of Mr Kelly who was unresponsive and had a large gash on his head.

Mr Kelly was taken by ambulance to Beaumont Hospital where a CT scan showed he had sustained haemorrhaging to his brain and a fracture. He required immediate surgery and spent a total of 18 days in the intensive care and high dependency units of the hospital.

Mr Kelly underwent four surgeries before he was released from hospital in February. He also received follow-up care from the National Rehabilitation Hospital. A medical report was read to the court, in which a doctor said Mr Kelly had sustained a “severe life-threatening injury”.

He has no memory of the assault, but identified himself on CCTV footage. CCTV footage of the incident was played to the court.

Owens was identified by gardaí from the CCTV footage and presented him at the Garda station where he was interviewed three times, but nothing of evidential value was obtained.

He has no previous convictions and has not come to recent Garda attention.

Ms Grant said it was the view of the Director of Public Prosecutions that the headline sentence for this case should be within the range of 7½ to 15 years.

The garda agreed with James McGowan SC, defending, that while Owens had pleaded guilty on the trial date, this was indicated to the prosecution in advance.

Reading the victim-impact statement into the record, Mr Kelly said he remained unsure why he was assaulted that night. He said the effects of that night would never go away for him and he would “never feel safe again”.

He said he had sustained a traumatic brain injury and was living with ongoing side effects of this condition.

He said he had suffered a “severe identify crisis” since this incident. While he “left home as myself, someone I’ll never see again”, there were now “times when I don’t recognise myself”.

He is unable to play sports such as football and GAA and had to defer his apprenticeship to take time to recover.

Victim-impact statements from Mr Kelly’s family were also handed to the court.

Mr McGowan said his client had written a letter of apology to Mr Kelly and to the court. A number of references from friends and family were also provided to the court along with a testimonial from an interfaith minister.

Owens had represented Ireland internationally in taekwondo and a letter from an instructor was also given to the court.

Mr McGowan said a psychological assessment placed Owens at low risk of reoffending. He submitted to the court that his client had acted “out of character” and that this was a “one-punch attack” despite the subsequent kick. Owens had brought €10,000 to court as a gesture of remorse.

He asked the court for as much leniency as possible for his client.

The court heard Mr Kelly wanted the money to be donated to Acquired Brain Injury Ireland.

The judge told Owens that if he had intentionally caused these injuries he would have been going to prison for a longer period.

He set a headline sentence of seven years, noting this was a “very serious crime”.

“I take the view that you did not intend to injure him and it was a reckless act. The court thinks you intended to punch him, and is satisfied that you did not intend to injure him in the way he was injured. But your actions caused it.”

The judge expressed his best wishes to Mr Kelly for the future and for his ongoing recovery.

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