Man jailed for throwing first punch in unprovoked assault on another man in Cork City 12 years ago

Co-accused, a trained boxer, has since died, court heard

The charge dates back to May 26, 2013, and is for a count of assault causing harm to another man in Cork City. Picture: Dan Linehan

A city centre assault 12 years ago has now resulted in the man who threw the first punch being jailed for one year.

Judge Helen Boyle imposed that prison sentence on 33-year-old Richard Burton, of no fixed address, who pleaded guilty to a charge of assault causing harm.

Detective Garda Mary-Jane Somers testified at Cork Circuit Criminal Court the injured party was assaulted in an unprovoked attack carried out by two men.

The detective said Richard Burton attended voluntarily for interview by gardaí.

Det Garda Somers said: “He admitted throwing the first punch. The co-accused has since passed away.

“The injured party sustained a fractured left cheekbone. He was affected both physically and psychologically. But 12 years on, matters have settled down and he is not thinking about it so much now.” 

In fairness to the defendant, Det Garda Somers said: “It appears to have been an isolated incident… He was always respectful and cooperative.” 

Alan O’Dwyer, defence barrister, said while Mr Burton did throw the first punch, the man [now deceased] with him was a trained boxer. He said this co-accused became involved and threw more punches.

Mr O’Dwyer said of his client: “He was intoxicated. He knows intoxication is not an excuse. He acted completely out of character. He has a good work history. He is hoping he can get back into employment. He has only been in custody since June 24.” 

Judge Helen Boyle imposed a total sentence of 18 months, with the last six months suspended, and backdated it to when he went into custody last month. The last six months of the sentence was suspended on condition he would keep the peace for 12 months after his release from prison.

The charge dates back to May 26, 2013, and is for a count of assault causing harm to another man in Cork City.

Det Garda Somers said the accused had not come to the adverse attention of gardaí since this occurred 12 years ago. In terms of the delay, there were difficulties locating the accused in order to finalise the case.