Dundalk Court - Man pleaded guilty to assault causing harm

A father of nine who seriously assaulted another man, following an earlier row over comments the victim made about his girlfriend, has been sentenced to 180 hours community service at Dundalk Circuit Court in lieu of a two year sentence.

Thomas McGuinness (37) of Chestnut Court, Johnstown, Navan pleaded guilty to a charge of assault causing harm arising out of the incident at Mullaharlin Park, Dundalk in the early hours of December 18th 2016.

The original sentencing hearing was told he had been out socializing with the injured party, and had returned to the house from the pub and stayed up talking, and Mr. McGuiness had confronted him about passing a remark about his then girlfriend's physical appearance.

The complainant told gardai that he’d no recollection of that but had told the defendant “If I said that I’m sorry”. Later on, when the man’s girlfriend went to the bathroom, he said the defendant came in holding an implement in his right hand. He grabbed him by the throat and struck him on the forehead.

The defendant dragged him into the bathroom and turned on the shower to wash away the blood. The victim slipped and fell, banging his head, and lost consciousness and when he came to, walked with his girlfriend’s assistance to the Louth County Hospital where he was bandaged up, before ringing a friend to get a lift to the ED at Our Lady of Lourdes hospital, where he was treated for a skin-deep cut on his forehead, which has left scarring.

The man tracked down the defendant on Facebook and when he went to make a statement of complaint, the investigating garda noted a bloodstain on his jacket, which was seized as evidence. A white pillow case, with blood on it was found in a neighbour’s bin while the victim’s blood was found on jeans found at the scene of the assault.

The court heard Thomas McGuiness, who has 31 previous convictions, has not come to garda attention since the incident and raises funds for charities through Motorbike Ireland.

The Defence barrister stressed his client works 12 hour days repairing roads across Dublin city and his offending was from a chaotic period where he had a substance and alcohol addiction, but he has since ‘mended his hand’ and reformed his ways and remains sober.

Judge Dara Hayes put back the case for a Probation Service report on Mr. McGuinness’ suitability to perform community service. Last Tuesday he said the aggravating factors were that an implement had been used and the victim had been scarred for life, but in mitigation, he noted the defendant has not come to garda attention in the seven and a half years since the incident.

He added that he is otherwise a productive member of society and is the sole earner for his family of nine children and in this case an immediate custodial sentence was not required.

He made an order directing that the defendant completes 180 hours community service in the next 12 months in lieu of a two month sentence and warned that the jail term will be imposed if there is a failure to comply with the order. The judge added “Your debt to the community can more usefully be paid by working for the community”.