Man spared jail after killing pensioner with one punch

A young engineer charged with killing a 70-year-old man with a single punch has been spared jail.

Craig Cronin (aged 24) hit the pensioner after a row about the deceased relieving himself outside Cronin’s house. Henry Smith fell back, fractured his head on the ground and died in hospital six days later.

Cronin of Offaly Road, Cabra pleaded guilty at Dublin Circuit Criminal Court to manslaughter outside his home on May 22, 2009.

A postmortem examination concluded Mr Smith died from bleeding to the brain resulting from fractures sustained when his head hit the ground. Cronin’s defence counsel admitted the death was a direct result of his client’s actions.

Judge Martin Nolan called it an assault at the “lowest level” which was made “incredibly serious” by Mr Smith’s subsequent death.

He said Cronin is a good and diligent man and that it would not be fair to send him to jail. Judge Nolan imposed a five-year sentence, suspended for five years.

The judge paid tribute to Mr Smith who he described as an “exemplary man who was loved by his family and seemed to enjoy life”.

The pensioner was described by his brother Philip as “kind, gentle, generous and considerate”. He stated in a victim impact report that Mr Smith was the head of his large extended family and was admired and loved by his nieces and nephews.

Detective Sergeant Robert O’Reilly told prosecuting counsel, Mr Sean Guerin BL, that the victim worked all his life in the Waterworks for Dublin Corporation and was out that evening for drinks with his old colleagues.

He was walking home at about 7pm when he relieved himself at the wall in front of Cronin’s family home.

Cronin had just returned home from sitting exams as part of his college degree in DIT. He spotted Mr Smith at the wall and went outside to confront him. After exchanging words Cronin punched the pensioner, causing him to fall back and hit his head on the ground.

Cronin returned inside and a group of neighbours gathered to assist Mr Smith. When he saw his victim was not getting up, Cronin went back outside and told the bystanders what he had done.

Mr Smith was brought to hospital where he died on May 28. Cronin handed himself in at a garda station and made full admissions. He told gardaí that prior to the punch he asked Mr Smith: “What the f**k are you doing?” and the deceased replied: “F**k off”.

He said after he hit him he was annoyed at himself and kept thinking: “Why had I done that?”

Defence counsel, Mr Sean Gillane SC, said Cronin is employed as an engineer and had put himself through college by working part-time. He said the event had a huge affect on his (Cronin’s) life and he was devastated when he learned Mr Smith had died.

“The punishment of having killed a man bears on him”, Mr Gillane said. “He’s not saying sorry because he’s here, he’s saying sorry because he’s sorry.”

He said Cronin suffered a “momentary lapse of reason” and has never been in trouble with gardaí before.