A man who punched his housemate during the pandemic, leaving him with eye and nose fractures, has avoided a conviction and been ordered to pay €1,000 to the Galway Simon Community.
Conor O’Donoghue (27) of Ardrahan in Co Galway, pleaded guilty at Galway Circuit Criminal Court to one count of assault which took place in the back garden of a house in Ballindooley, Headford Road in the city on October 22, 2020. He has no previous convictions.
Garda Laura Devaney told Geri Silke BL, prosecuting, that on the day in question, the injured party returned to his home and found O’Donoghue in the back garden. Both men had lived in the house, and there had been a disagreement between them.
The court heard that O’Donoghue hit the injured party in the face with a closed fist. The man said his legs “went like jelly” and he hit back at O’Donoghue to protect himself. Both men then ended up on the ground. Other housemates who were present in the house did not see the altercation but did hear “shuffling” outside.
Gda Devaney said O’Donoghue was arrested on suspicion of assault and when interviewed admitted to being present at the house. He told gardai during interview that the injured party had shouted at him and head-butted him and that he punched the injured party to protect himself.
A medical report was handed to the court, which outlined that the injured party suffered a blow-out fracture of his orbital floor along with a nasal fracture. He underwent surgery at Galway University Hospital.
Gda Devaney agreed with Michael Clancy BL, defending, that his client attended for a voluntary interview and answered all questions put to him.
The garda agreed with counsel that there was tension in the house and that two other housemates who were present in the house at the time heard O’Donoghue saying, “stop, stop, stop.”
Mr Clancy said there was a highly positive probation report before the court.
Counsel said his client wants to offer an apology to the State and to the other man for the injuries caused.
He said O’Donoghue has abided by all bail conditions and is working. He asked the court to be as lenient as possible.
Passing sentence today, Mr Justice Brian O’Callaghan said this incident occurred during the Covid lockdown. He noted that the defendant was not under the influence of any intoxicants at the time.
Judge O’Callaghan said O’Donoghue presented and engaged with the probation services and he noted that he has no previous convictions.
The judge stated that the evidence before the court indicates that both parties hit each other and ended up rolling around on the ground. He said that there had been some independent evidence that O’Donoghue did try to stop the altercation.
Judge O’Callaghan said in light of the evidence, he would apply section 1.2 of the Probation Act and ordered the defendant to pay €1,000 to the Galway Simon Community within the next three months. Applying this section discharges the defendant and leaves O’Donoghue without a recorded criminal conviction.