A man who attacked a 76-year-old man on the street, fracturing the pensioner’s jaw, breaking his dentures and knocking out his front tooth, has been given a suspended sentence.
Nathan Kirby (22) of Grand Canal House, Lower Rathmines Road, Dublin 6, was also ordered to pay the sum of €7,500 to the injured party within one year.
Kirby pleaded guilty at Dublin Circuit Criminal Court to assault causing harm on Lr Rathmines Road on January 6th last.
The court heard Kirby punched and kicked the victim in the head and face, leaving him bleeding heavily from lacerations.
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Kirby has no previous convictions.
Passing sentence on Wednesday, Judge Martin Nolan said Kirby’s mitigation included his guilty plea, his good work history and the absence of any record of conviction.
He imposed a two-year suspended sentence and said Kirby had lost his temper, but that it seemed unlikely that he would reoffend.
“You attacked an old man. There may have been provocation, but that’s no excuse whatsoever,” remarked Judge Nolan.
The court heard that shortly before the offence, Kirby had been working at the till in nearby Holland and Barrett’s health food shop in Rathmines when he had an argument with a customer about change.
Keith Spencer, defending, said Kirby claims the pensioner was trying to confuse him about change and that he called him “the ‘c’ word”.
“He told me to go f*** myself and called me a junkie,” Kirby told gardaí.
Garda Natasha Burke agreed with counsel that there was an “element of provocation” but the court heard the pair shook hands after the incident in Holland and Barrett and it appeared to have been resolved.
Garda Burke told Simon Matthews, prosecuting, that the pensioner was subsequently on his way to the post office when Kirby came up and punched him to the ground, before kicking him to the head and face.
Staff at Boots pharmacy witnessed the victim being punched and kicked by the accused just outside their pharmacy.
They found him bleeding heavily from a laceration to the head and attended to him while waiting for an ambulance.
One of the victim’s front teeth had been knocked out but was retrieved from the pavement by a staff member from the pharmacy.
Gardaí identified Kirby using CCTV and called to the Rathmines hostel where he lived, but Kirby was not at home.
He contacted gardaí the following morning and was arrested by appointment.
Kirby admitted punching the pensioner and giving him one kick, saying it was as a result of them having an earlier argument in Holland and Barrett over change.
Kirby was apologetic and remorseful and expressed his shame and disgust to gardaí, the court heard.
Counsel said Kirby’s doctor had identified anger as being “an issue” but said Kirby is now engaged in “wholesome pursuits” like going to the gym and is “banishing toxic people from his life”.
The court heard Kirby is currently working for Hertz Car Hire, and plans to open a cafe in the future.
Judge Nolan ordered Kirby to be of good behaviour and keep the peace for the duration of his two-year suspended sentence.
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