A man punched, kicked and stamped on another driver in front of his two children in an unprovoked road rage incident, a court has heard.
Oisin Mullen (25), of Palmer Avenue, Rush, Co Dublin, pleaded guilty to assault causing harm on May 25th, 2023 at Upper Main Street, Rush.
Judge Martin Nolan imposed a two-year sentence suspended on strict conditions. The judge said €3,500 is to be offered to the injured party.
Dublin Circuit Criminal Court heard the victim earlier made a U-turn at a designated location. The female driver of a vehicle in which Mullen was a passenger appeared angry at his manoeuvre and started shouting at him.
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Both cars happened to be travelling in the same direction, and Mullen later shouted at the victim to pull over and fight.
The victim later parked on Upper Main Street in Rush. Mullen got out of the other vehicle and assaulted him in front of his two children.
Mullen punched him multiple times in the face and body, the court heard. During the assault, the victim lost his balance, and fell.
Mullen also stamped on the victim’s face and body. He walked away, but turned back and kicked the victim again after he tried to get up.
The man’s children were present during the assault and were distressed, shouting at Mullen to stop.
The victim was taken to hospital by ambulance, and suffered injuries to his head and abrasions, but no fractures.
When interviewed by gardaí, Mullen accepted punching the man but claimed he acted in self-defence.
A few days later, on May 31st, when gardaí went to his home, Mullen said: “It’s over the road rage incident in Rush.” The court heard he said he only punched the injured party four times. He denied kicking him.
He claimed during an interview with gardaí in June 2023 that the injured party was making threatening signs towards him and his companion, including slitting the neck gestures, and giving them the finger.
Mullen told gardaí the injured party was driving in a dangerous manner and was attempting to cause an accident by speeding up and then jamming on the brakes.
Mullen said the victim put his head towards him and “adrenaline kicked in” on Main Street.
Mullen claimed the victim put his hands on his chest and then there was a scuffle. He said punches were thrown on both sides.
He said he hadn’t “technically” kicked the victim and that his actions were in self-defence.
Mullen described the victim’s account as “lies”.
Mullen has no previous convictions and has not come to other negative Garda attention.
The man’s children were present during the assault and were distressed, shouting at Mullen to stop
Defence counsel said Mullen is aware he has caused shame and disappointment to his family and to himself. He is undergoing cognitive behavioural therapy to help address his anger management issues. Mullen also had €3,000 in court as a gesture of remorse.
Judge Nolan said this was an “unprovoked attack” by Mullen on an unfortunate victim, who thankfully did not sustain serious injuries.
He said there appeared to have been some type of incident that “infuriated” Mullen before the assault, but Mullen’s explanations to gardaí were “self-serving”.
Having considered Mullen’s guilty pleas and lack of previous convictions along with the other mitigation, Judge Nolan suggested Mullen may have a “problem with his temper”.
The judge considered Mullen’s misbehaviour was serious but he decided it would be unjust to imprison him.
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