Daniel Creed wielded a chair during the early morning melee in McDonald's in which the 57-year-old father and his son were also punched and kicked.
Creed, of Bawnlea Close, Tallaght, pleaded guilty at Dublin Circuit Criminal Court to assaulting the men causing them harm at McDonald's, Rathmines Road, on July 17, 2010. He has three previous convictions.
Judge Martin Nolan noted that Creed had not started the attack but said he became an aggressor who struck both the father and son with a chair. He said this was very serious and he could have caused more damage then he did. He imposed a three-and-a-half year sentence and suspended the final two years on strict conditions.
Garda Donal Collins told Caroline Cummings, prosecuting, that the father and son had been out in the Rathmines Inn and stopped at McDonald's.
They noticed two couples nearby and one of these couples had a fight. Creed, who was fighting with his girlfriend, kicked a chair and went outside. Two of the others went outside after him and a girl started shouting at the father and son, asking what they were looking at.
The son was sitting facing out towards the window and the group outside began making "come on" gestures to him. He gave them the finger which prompted the attack on him.
The son picked up a chair to defend himself. A "huge melee" started and when the father attempted to defend his son, he was also attacked.
The father slipped on the floor and was struck over the head with the top of a chair. He suffered a hairline fracture to his left cheek.
The son was hit in the face and head and when he fell to the ground he continued to receive kicks to his head and body. He was also struck with a chair but was primarily concerned with his father who was semi- conscious and bleeding heavily.
Gardai were alerted and the father and son were treated for their injuries.
Creed was identified by CCTV and made admissions when arrested. He told gardai he had only hit the men because his friends were getting hit. Sarah Jane O'Callaghan, defending said Creed was on cocaine, 'E' and alcohol on the night.