Judge Brian O’Callaghan said at Cork Circuit Appeals Court that he had to be mindful of the deterrent effect of sentencing as he affirmed the orders of the district court and said: “I am very close to increasing the sentence.”
William Condon, of Youghal, Co Cork, and no fixed address was described by his solicitor, Pat Horan, as having a bad anger management problem, which he was trying to address.
Detective Garda Myles Horan said the first incident occurred at The Gallows Bar in Cork. A female member of staff was behind the counter and two men were served pints as they played pool.
There was some row over a bet and the accused man was asked to leave the premises. He threw the pint glass — it missed the bar woman but caused €1,200 damage to a 65in TV screen in his premises.
The owner of Centra, Dean Roche’s Cross, Cork, Denis Whelton, said in the district court hearing that the defendant then came up to his shop with another man later that evening, August 30, 2017.
He said that what happened was the most serious incident in 15 years of running the family business.
Shams Rahman Parcha was working behind the counter when Condon and his accomplice got so difficult the member of staff had to call for the assistance of his employer who was upstairs.
Mr Whelton said: “I strove to protect myself and the member of staff. I was headbutted. I was punched three times in the head. He spat in my face… It has made me nervous.”
Condon pleaded guilty to counts of assault causing harm to Denis Whelton and Shams Rahman Parcha.
Imposing eight months for a theft and 11 months consecutive for the assaults the judge described the case as exceptional and one that did not merit the sentences being made concurrent.
Mr Horan, solicitor, said the theft was one of driving off without paying for petrol. Judge O’Callaghan refused an application to make that sentence concurrent rather than consecutive.
The judge said that families relied on their businesses for their livelihoods and that people driving off without paying for petrol was a serious matter which upset all of that.