A South Kerry man who appealed a jail sentence for assault causing harm in an unprovoked attack has had the term suspended.
34-year-old Patrick Joseph Moran of Sussa, Emloughmore, Ballinskelligs was before Tralee Circuit Court today, appealing the severity of the five-month sentence handed down to him.
It was imposed in December 2021, after he had been found guilty of an unprovoked attack on Gearóid McGill at Mr McGill’s home in Ardcost, Portmagee.
Patrick Joseph Moran of Sussa, Emloughmore, Ballinskelligs was found guilty in October 2021 of assault causing harm to Gearóid McGill, and sentenced that December to five months in prison.
He appealed this, with the case coming before Judge Sinéad Behan at Tralee Circuit Court today.
The court heard the attack happened on April 22nd 2019 at 3.20am, as Gearóid McGill walked in the drive of his house, after being dropped off by a taxi following a night out.
Patrick Joseph Moran jumped out of the neighbour’s garden, and started punching Mr McGill up to 30 times; he also kicked him when Mr McGill fell to the ground.
Gearóid McGill suffered a cut above his eye, which required five stitches, as well as a chipped tooth, and bruising to his chest and upper body.
In a victim impact statement, Gearóid McGill said the assault shattered his confidence, and made him more conscious and fearful.
He’s self-employed and wasn’t able to honour work commitments, or tender for more work for a period of time.
He no longer takes calls after hours for fear of being out late, and has as constant sense of unease.
At the time of the assault, he had renovated a house on family land, but has remained living in the family home for fear of being alone.
He said the attack has also had an impact on his elderly parents, and the wider family, noting a person’s home should be a safe haven.
Barrister Katie O’Connell said her client, Patrick Joseph Moran, was very sorry for what he did.
She said it wasn’t an excuse, but her client had carried out the attack out of misguided loyalty.
She noted he suffers from chronic grief and anxiety disorder, saying his brother died of suicide, and this has had a profound effect on him.
Judge Sinéad Behan said it was a very frightening incident for Mr McGill, being attacked in a vicious, unprovoked manner in his own home, suffering physical injuries, being out of work, and having an impact on the wider family.
She noted Mr Moran was now accepting what he has done, and has no previous convictions, so she suspended the five-month sentence for 12 months.
This is on condition he pay compensation of €1,500, that he stay away from Mr McGill and his property for two years, continue to attend counselling, and keep the peace and be of good behaviour for 12 months.
