Judge tries to end 'chapters of sadness' after son puts father in wheelchair
A 22-year-old Dublin man has been given a five-year suspended sentence for the assault of his father which left him brain damaged and wheelchair-bound.
Thomas Byrne, of Glouster Place, pleaded guilty at Dublin Circuit Criminal Court to recklessly causing serious harm to Thomas Murphy on February 28 last year.
Sergeant Seamus Dalton told prosecuting counsel, Ms Fiona McGowan BL, that Byrne had a "strained" relationship with his father and "lost the head" when he found out that he was getting back together with his mother.
The court heard that Byrne drank eight pints and went to confront his father at his home. They began to argue at the doorstep and Mr Murphy tried to punch his son, but missed.
Byrne then punched his father three times in the head causing him to fall backward onto the tiled floor. He then kicked him in the hip while he was lying on the ground.
Sgt Dalton said that Mr Murphy was later found unconscious on the ground before being brought to the Mater hospital in a critical condition.
The court heard that Mr Murphy was still in a wheelchair today and had suffered serious brain damage. He has trouble speaking or communicating and was unable to provide a victim impact statement.
Sgt Dalton said that Mr Murphy is unlikely to ever recover from his injuries and is currently in the care of the HSE.
When asked to stress the extent of his injuries he said that Mr Murphy needs round-the-clock care and has to be fed through a tube.
But he added that he suspected most of the damage was done when he hit his head on the tiled floor, rather than from the punches.
He also told the court that Mr Murphy ingested a tooth into his lungs during the attack, which may have also contributed to his serious condition.
Sgt Dalton told Ms Mary Rose Gearty SC, defending, that Byrne was receiving counselling over the incident and has expressed remorse.
He told the court that the incident was "extremely out of character" and said he would be "very surprised" to see Byrne before a judge again.
He said that Byrne is a keen footballer with no previous convictions and helped out in the community.
Ms Gearty said it was a very sad case but requested that no custodial sentence be given and pointed out that Byrne has a clean history.
Judge Patrick McCartan said: "This is a most difficult case to come to a conclusion on and it has exercised my mind very much.
"It's a very sad case. Two people closely related though not close in relationship."
He described Byrne as someone of "impeccably good character" but added that he was “reckless to the consequences of his actions".
"It is a terribly sad case but to send this man to prison would simply add another chapter of sadness," he said.
