A young Ballyshannon man who head butted another Ballyshannon man and broke his nose, was given a four months jail sentence, suspended for two years, at the district court.
20-year-old Deva Ayres, Lawn Park, Ballyshannon, pleaded guilty to assaulting Peter Horan on October 23 2016 at Main Street Bundoran.
Peter Horan said he had been outside Paris Disco in Bundoran when the defendant had head butted him.
“I was minding my own business”, he said. Mr Horan said he did not want the defendant to go to jail. “I just want to be left alone”, he told the court.
The injured party said it was annoying, as he could not go to certain places for fear of being assaulted.
Defence solicitor John Murray said the incident happened back in October 2016 and there had been nothing since. It was an unprovoked assault and the defendant had apologized for his actions to the injured party.
Judge Kevin Kilrane told the victim that a jail sentence would normally follow a conviction for a head butt. He asked the victim what his views were in relation to the prospect of the defendant going to jail.
Victim said he didn't want defendant go to jail
The victim said he had known, “the young fellow” all his life. “I just want to be left alone, we live on the same street.
“I don’t want to see him go to jail”.
The court was told the defendant had a previous conviction for a similar offence in 2013.
Defence solicitor John Murray said his client was a 20-year-old father-of-one who was on Jobseekers Allowance.
The assault happened as a result of a feud that the injured party was not involved in, and there was no excuse for the assault. The solicitor said his client was a “good young man” who would not be before the court but for his drinking when he lashed out a people.
“Every time he drinks, he is a different man and he attacks people without provocation”. Mr Murray said his client was planning to go to London to seek work.
Judge Kevin Kilrane said this was a very serious assault.
“Mr Horan is a very forgiving men and just wants to be left alone,” the judge added. The judge said it was “worrying” that the defendant had a previous similar conviction in 2013. Judge Kilrane said the defendant was a danger to others and was liable to strike out.
The judge said he did not need a Probation Report and a Community Service Order was not suitable.
Judge Kilrane gave the defendant a four months jail sentence suspended for two years provided there were no more convictions for assault.
The defendant was also told to have no direct or indirect contact with the injured party or his family. The defendant was released on his own bond of E400.