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Violent, gratuitous and cowardly were three of the words the sentencing judge used to describe the attacks on a 77-year-old man and a 64-year-old man by a much stronger and younger man.
Judge Seán Ó Donnabháin sentenced Damien O’Brien to a total of four years in jail in respect of the two incidents in which the charges included battery causing damage.
Garda Detective Liam Lynch testified against Damien O’Brien, in his 30s and homeless, regarding the damaging assault that took place on May 13, 2019 on Liberty Street, Cork.
“A 77-year-old man living in sheltered accommodation in the area was heading home and passing the church.
“They punched him on the side of the head and he fell to the ground breaking his left hip.
“He stayed on the ground for 40 minutes. Later he was operated on in the hospital.
Damien O’Brien wouldn’t admit it. He did not cooperate despite being identified on CCTV.
“The injured party had to receive a fair amount of physical therapy,” said Det. Garda Lynch said in Cork Circuit Criminal Court.
The injured party was not present in court and did not want to be present, the detective said.
Garda Detective Aidan Noonan gave evidence of the second assault O’Brien was involved in and of which he pleaded guilty.
It happened on December 22, 2019 on Drawbridge Street, where he opened the front passenger door of a car stopped in traffic and entered.
He asked the driver to take him to a particular place.
The driver got out of his own car and the defendant got into the driver’s seat. When he realized that the driver had removed the key from the ignition, he ran after him. The driver ran back to his car where there was a violent fight when O’Brien butted the 64-year-old motorist.
Passers-by who witnessed the attack tried to arrest the accused, but he broke free and escaped.
O’Brien returned moments later and tried unsuccessfully to get into another car.
Garda Noonan said the injured party was terrified and feared for their safety.
One of the witnesses captured the entire incident on mobile phone video.
Defense attorney Emmet Boyle said the defendant was high on drugs and now realized that he would go back to court again and again if he did not address his addiction.
Judge Ó Donnabháin said the main mitigating factor was the guilty plea, which prevented injured parties from having to go to court.
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