A man jailed for a one-punch assault which left his victim with “life-changing” injuries has had his 4½-year jail term cut in half by the Court of Appeal.
Mark O'Sullivan, of Old Connaught View, Bray, Co Wicklow, had pleaded guilty to assault causing serious harm to David Kirwan near the James Everett Park area of Bray on January 15th, 2017.
Wicklow Circuit Criminal Court heard that O’Sullivan struck a single blow to the back of Mr Kirwan’s head with his fist. Afterwards he stayed at the scene and called an ambulance, placed Mr Kirwan in the recovery position and pleaded for him to wake up.
Mr Kirwan suffered catastrophic injuries in the incident and was placed in a medically induced coma following the assault for a number of days. He suffered brain damage and said he would never be able to work again due to ongoing seizures. He has lost memories and the hearing in one ear.
Sentencing O’Sullivan to seven years’ imprisonment with the final 2½ years suspended in 2018, Judge Michael O’Shea said it was a completely unprovoked, cowardly, vicious and violent assault. O’Sullivan had no previous convictions.
The Court of Appeal deemed his sentence to have been too severe on Friday, and he was accordingly given a net jail term of two years and three months
President of the Court of Appeal Mr Justice George Birmingham said O'Sullivan had been out socialising with his wife in Bray on the day in question, moving between various pubs.
While out walking on his own later, O’Sullivan came upon Mr Kirwan. They had attended the same school for a period and there was a suggestion the injured party may have made a remark at some stage, though this suggestion was “never really firmed up”, the judge said.
‘Catastrophic injuries’
Mr Justice Birmingham said the injured party suffered “catastrophic” injuries.
He said there were significant mitigating factors present, such as O’Sullivan’s work history and a record of service to the community. The investigating garda said he “very much believed” O’Sullivan would not come before the courts again after this incident.
He said O’Sullivan’s actions “post-throwing the punch are to his credit: ringing the ambulance, staying with the injured party and putting him in the recovery position”.
Mr Justice Birmingham, who sat with Judge Patrick McCarthy and Judge Isobel Kennedy, fixed 5½ years as the headline sentence. Mitigating factors reduced this to 3½ years.
In order to incentivise rehabilitation, and to require O’Sullivan to seek counselling, the court suspended the final 15 months, leaving him with a net jail term of two years and three months.
O’Sullivan’s barrister, Michael O’Higgins SC, had submitted that the headline sentence of seven years was too high, given his client’s culpability.
Mr O’Higgins said O’Sullivan had been out “binge drinking” which led him to make false assumptions about verbal provocations from the victim.