A BALLINEEN man was jailed for two-and-a-half years at Cork Circuit Criminal Court for an assault where the victim had his jaw broken on a Christmas Eve in Clonakilty in 2016.
The court heard that 18 months of the sentence imposed on Brian O’Donovan of Main Street, Ballineen, was because an earlier suspended sentenced was revoked by the judge. The earlier sentence was following a conviction for assault causing harm in 2015.
Judge Seán Ó Donnabháin then imposed a consecutive sentence of two years, with the last year suspended. This means O’Donovan now faces a two-and-a-half-year prison sentence.
The judge said he had to impose the sentence, ‘notwithstanding his anxiety, depression and attendances with mental health services.’
‘This assault was entirely vicious and unprovoked. His (the victim’s) jaw was broken. This was a very nasty assault. There was an element of following the lad out of the hotel and setting about him,’ Judge Ó Donnabháin said.
‘He allowed drink and temper to get the better of him. And the victim was on crutches at the time.’
Garda Brian Morris previously testified that Brian O’Donovan carried out the assault causing harm to the other man at Pearse St in Clonakilty.
The guard said O’Donovan and a co-accused – who was previously dealt with in court – were involved in punching and kicking the injured party breaking his jaw, but it was not possible to say who was more involved in the assault.
The injured party, David O’Brien, who was on crutches for a broken leg as a result of a motorbike accident, was out socialising on the night of December 23rd 2016 and in the course of the night there were two altercations between the parties at O’Donovan’s Hotel.
Mr O’Brien, 31, said Brian O’Donovan head-butted him causing his nose to bleed. Mr O’Brien said that he ended up being assaulted again outside by Brian O’Donovan and the other man.
Barrister Dermot Sheehan said his client came from a very respectable family and was very pleasant to deal with. However, he did have a temper and mental health difficulties.