Men high on laughing gas assaulted woman walking home alone from work

Judge said pair, 'for no reason I can see, maybe because they were off their heads on drugs', started to attack the woman who was alone and vulnerable.

Defence told the court that both defendants had been inhaling balloons of nitrous oxide, or laughing gas, on the night. 

Two men who were high on laughing gas when they carried out a random unprovoked assault on a woman who was walking home from work have been told by a judge there are “some crimes you can’t walk away from”.

On the evening of July 18, 2021, two men ran up behind the woman and pushed her to the ground on Seamus Ennis Rd, Finglas, north Dublin. One man began to punch her from the left and the right.

The woman may also have been kicked while she was on the ground, she later told gardaí. During the attack, the victim screamed for help and thought she was going to die.

One man took her mobile phone from her and began to taunt her. He placed the phone back on the ground and damaged it, Garda Sean Power told Fiona Pekaar, prosecuting.

After the men left, the woman went to the nearest Garda station. She had a split lip, cuts to her knee, and blood on her face and clothing. She suffered a fractured elbow.

CCTV footage from a nearby funeral home recorded two men running to and from the scene of the attack.

Gardaí identified the attackers as Craig Mains, aged 28, of Hazelcroft Park, Finglas, Dublin 11, and Shane Daly, aged 27, of Woodhazel Close, Ballymun, Dublin 11.

After their arrest they were questioned, but there was nothing of evidential value from these interviews.

A trial was set charging both men with robbery and assault causing harm. However, guilty pleas were entered last December to a new indictment with the robbery charges dropped by the Director of Public Prosecutions.

Daly pleaded guilty to assault and Mains pleaded guilty to assault causing harm and to criminal damage of an iPhone.

The victim previously handed in a lengthy victim impact report, but asked that it not be read out in court. Judge Ronan Munro said he would take it into consideration.

'Off their heads on drugs'

On Tuesday, Judge Munro said the two men “for no reason I can see, maybe because they were off their heads on drugs” started to attack the woman who was alone and vulnerable.

The judge noted that while the men had pleaded guilty, there had been “no free and easy admission of guilt which would have reduced the length of time she had to wait for justice”.

Judge Munro said it was a “savage attack” and in the court’s view, “it is not an overstatement to say this crime was an outrage”, not only for the victim, but for those who witnessed or heard about it.

He told both men: “Some crimes you can’t walk away from. This is one of them.” 

 Judge Munro handed Mains a three-year sentence with the final 18 months suspended on strict conditions and to encourage him to complete residential treatment.

The judge also placed Mains under the supervision of the Probation Service for two years post-release and directed that they assist him during his time in custody.

Judge Munro noted that Daly had a “lesser role” and that if he had not already spent five months in custody, he would have imposed a three-month sentence.

The judge gave Daly a three-month sentence suspended for 12 months on strict conditions. He directed that it should be noted on the court records that Daly had spent five months in custody on this matter.

Judge Munro commended the victim for her resilience and told her the court viewed her as a fighter.

'I thought I was going to be killed'

Keith Spencer, defending Daly, noted at an earlier hearing that the woman told gardaí: “I thought I was going to be killed.”

He told the court that both defendants had been inhaling balloons of nitrous oxide, or laughing gas, on the night. He said his client has a bad history of drug addiction but has rehabilitated completely.

Daly has 23 previous convictions including one for affray for which he was given a suspended prison sentence earlier this month. Mains has five previous convictions, all for road traffic offences.

Eimear Delargy, defending Mains, said that her client had consumed cocaine, alcohol, and pills on the night. She said his offending made no sense and could only be explained by his level of intoxication.

“Their behaviour was so weird, none of it makes sense,” she said. 

Judge Munro said it seemed that the men carried out a random unprovoked assault “because it was entertaining”.

Counsel for both defendants told the court that their client wishes to offer unreserved apologies to the victim.

Mr Spencer said Daly has gotten sober and intends to remain so. Daly handed over €2,000 as a token of remorse to be forwarded to the victim, who was in court.

Ms Delargy said Mains has since taken part in an anger management course and has also worked in warehouses and for Ikea as delivery driver. He brought €1,000 to court to be offered to the victim.

Ms Delargy noted on Tuesday that a probation report places her client at high risk of reoffending. She noted he told a probation officer that he has no recollection of what happened as he was very intoxicated.

Ms Delargy said Mains is engaging with addiction treatment services and on a waiting list for a place in residential treatment.

The court was told Daly is drug-free and has not come to recent negative garda attention.