A Ballineen man has been jailed for two-and-a-half years today for an assault where the victim had his jaw broken in an attack by two men on Christmas Eve 2016 in Clonakilty.
Eighteen months of the sentence imposed on Brian O’Donovan of Main Street, Ballineen, County Cork, was by way of the revocation of a suspension on an older sentence for a previous assault causing harm conviction. One year was added by way of a consecutive sentence on him on the Christmas assault.
Judge Seán Ó Donnabháin said that he had to revoke the suspension on an 18-month sentence O’Donovan got in 2015 because of the other unrelated assault.
The judge then imposed a consecutive sentence of two years with the last year of that sentence suspended. This left O’Donovan facing into a two-and-a-half-year jail term.
The judge said he had to impose that sentence “notwithstanding his anxiety, depression and attendances with mental health services".
Judge Ó Donnabháin said at Cork Circuit Criminal Court: “This assault was entirely vicious and unprovoked. His (the victim’s) jaw was broken. This was a very nasty assault. There was an element of following the lad out of the hotel and setting about him.
“He allowed drink and temper to get the better of him. And the victim was at the time on crutches.”
Garda Brian Morris previously testified that Brian O’Donovan of Main Street, Ballineen, County Cork, carried out the assault causing harm to the other man at Pearse Street, Clonakilty, County Cork.
The guard said O’Donovan and a co-accused – who was previously dealt with in court - were involved in punching and kicking the injured party breaking his jaw but it was not possible to say who was more involved in the assault.
The injured party, David O’Brien, who was on crutches for a broken leg as a result of a motorbike accident, was out socialising on the night of December 23, 2016, and in the course of the night there were two altercations between the parties at O’Donovan’s Hotel.
Mr O’Brien, 31, said Brian O’Donovan head-butted him causing his nose to bleed. Mr O’Brien said that he ended up being assaulted again outside by Brian O’Donovan and the other man.
Defence barrister, Dermot Sheehan, said the accused came from a very respectable family and was very pleasant to deal with but did have a temper and mental health difficulties.