Punched after asking drunk man to leave

A drunk man drinking a can of beer broke a bottle of wine he took from a shelf in a service station and then punched a member of staff in the face when he was asked to leave.

That was according to Sergeant Dave Noonan, who was giving evidence at Cork Circuit Appeals Court yesterday in the appeal by Eric Kiely, of 21 Dublin St, Cork, against a three-month jail sentence he received for assaulting Daniel Allison at Topaz, Polefield, Cork, on February 13, 2015.

Judge Donagh McDonagh said he would increase the two-month jail sentence to six months but suspend it on condition that the accused commit no offences for the next two years.

Sgt Noonan said Kiely was visibly intoxicated on the night in question, carrying an open can of beer into the Topaz. He picked up two bottles of wine but dropped one, causing it to smash.

Mr Allison approached and asked him to leave. Kiely squared up to Mr Allison and punched him in the right side of the face.

Frank Nyhan, for the State, said the accused had 64 previous convictions, of which 43 were for public order offences. It was pointed out to the judge that the appellant did not have other assault convictions.

Paul O’Mahony, for Kiely, accepted the facts of the case and said the accused was apologetic and remorseful.

“He has been in and out of treatment,” said Mr O’Mahony. “He would not be a violent individual. He is more or less out of trouble since 2013, apart from a couple of occasions when he fell off the wagon. He is doing very well by his own standards.

“He is extremely embarrassed and apologised. He also wrote to the individual he assaulted. An assault like this would be out of character. He is anxious to avoid going back to jail. He has not been there for nearly four years.”

Increasing and suspending the sentence, Judge McDonagh warned Kiely to stay of trouble.