Tuesday 25 September 2018

Student is spared jail for kicking clubber in the head

Adam McCarthy at Dublin Circuit Criminal Court
Adam McCarthy at Dublin Circuit Criminal Court

A college student who knocked a man unconscious and kicked him in the head during a row over a taxi outside a Dublin nightclub has been given community service.

Adam McCarthy (24), of Howth Road, Raheny, pleaded guilty to assault causing harm to Niall McHale at the White Sands Hotel in Portmarnock on December 27, 2014.

Dublin Circuit Criminal Court heard at a sentence hearing last November that Mr McHale had come home to Dublin from London to visit family and friends for Christmas.

He was out socialising with friends in the club and left at around 2.15am. He and his friends were waiting for a taxi when another group of men "ran out from the nightclub and jumped the queue", Gda Thomas Halligan told Tony McGillicuddy, prosecuting.

When Mr McHale approached McCarthy to protest that it was not their taxi, McCarthy turned and punched him "before Mr McHale had even finished his sentence", Mr McGillicuddy said.


McCarthy hit Mr McHale above the right eye and he fell to the ground. He then kicked him in the head.

Mr McHale suffered a brief loss of consciousness before being taken by ambulance to Beaumont Hospital.

He needed seven stitches to his head and also suffered bruising and lacerations.

McCarthy was restrained by bouncers until gardai arrived.

In a victim impact statement read out in court, Mr McHale said he was housebound for most of the Christmas holidays in the wake of the assault.

The court heard that he had requested that €5,000 which DIT student McCarthy had in court should go to the Headway Ireland charity.

Judge Melanie Greally considered a probation report before ordering that McCarthy carry out 240 hours of community service in lieu of a one-year jail term.

Brian Storan, defending, said McCarthy's reaction "has been one of shame and genuine remorse".

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