Three-year sentences for men who took part in assault because of cigarette row

Two men who took part in a "vicious assault" on a man in his 50s regarding a row about a cigarette have been sentenced to three years in prison by Judge Patricia Ryan at Dublin Circuit Criminal Court.

Edward Watson (aged 26), kicked Mr Michael Boyle on the ground after a scuffle broke out between them when the victim took a fresh cigarette from his packet after giving Watson the butt of his because he claimed he had none left.

Ronan Connolly (aged 25), a father of one, did not get involved in the assault until a few minutes later when he kicked Mr Boyle in the head while the man was still on the ground. Neither accused knew Mr Boyle before that night.

Connolly remained at the scene and was adamant that Mr Boyle had started the row. He continued to tell the gardai that arrived to investigate the attack "to check the CCTV footage" before he put his hands in the air and told them to handcuff him.

Judge Ryan, who had viewed CCTV footage of the assault, said she was satisfied that Mr Boyle had "thrown the first punch" but described it as a very serious and vicious attack.

She accepted that both Connolly and Watson, who had years earlier saved his sister from a fire, had apologised for their behaviour and had €1,500 each in court "as a practical gesture of their remorse".

Judge Ryan suspended the last 12 months of Connolly’s sentence and the last 18 months of Watson’s term after she said she was satisfied that it had not been "a premeditated act".

Connolly, of Bernard Curtis House, Bluebell, and Watson, of Galtymore Road, Drimnagh, pleaded guilty to assaulting Mr Boyle (aged 53) at Toni’s Takeaway, Inchicore on October 1, 2006.

Garda Alan Cummins told Ms Una Ní Raifeartaigh BL, prosecuting, that Mr Boyle acknowledged that he had pushed Watson after the accused said: "I thought you had none left," when he noticed him getting another cigarette.

He said he got a smack to the back of his head and a number of people kicked him several times before he lost his balance and fell to the ground. His next recollection was the barman from a local pub asking him if he was "okay".

Gda Cummins said that Mr Boyle’s partner and her daughter had witnessed the attack and had tried to intervene when they saw Connolly kick the man in the head. They then heard "someone" shout: "Gardai," and saw Watson run off. He was later pointed out by Mr Boyle’s partner’s daughter in an identification parade.

Mr Boyle was left with a sore nose and the back of his head was badly cut and bruised. He did not make a victim impact statement when requested to do so by gardaí.

Gda Cummins said that Watson had no previous convictions while Connolly had 22, which were mainly for road traffic offences.

Mr Remy Farrell BL, defending Watson, handed a newspaper report into Judge Ryan which outlined his client’s "heroic activity" when he saved his sister from a fire.

He said that Watson had a psychiatric illness which he had been diagnosed with at a young age and added that he was keen to put himself in a position where he could be a useful member of society.

Mr Farrell said that while his client did not go out "looking for trouble that night" he accepts that his "reaction was a gross overreaction".

Mr Vincent Heneghan BL, defending Connolly, said that his client had "used more force than he should have and more violence than he should have, when he should have just kept his nose out".

He said that Connolly had remained on the scene because he was of the belief, "the wrong belief" that his friend had been defending himself against Mr Boyle.