Ballina man was left unconscious after 'sustained' assault
The trial was heard at Castlebar Circuit Criminal Court.
A scuffle in a Ballina pub was the catalyst for a "sudden, sustained" assault that left a man unconscious, a court has heard.
Nathan Herbert, aged 24, of Barnfield, Knockmore, Ballina pleaded guilty at Castlebar Circuit Criminal Court to assault causing harm to Oisín Finan, aged 22, of Ardagh, Ballina.
Gda Darragh Quinn told the court that Mr Finan had been socialising in Tarbh 47 pub, Garden Street, Ballina, on December 5, 2021, and was chatting to two young women when the defendant and another man confronted him.
Herbert and Mr Finan came to grips and ended up rolling around on the floor. Gda Quinn said CCTV footage showed a "scuffle in a darkened area" that appeared to involve the accused and the victim. Mr Finan was ejected from the pub and Herbert left shortly afterwards. Mr Finan was standing about 50 metres from Tarbh 47 and Herbert, who was accompanied by his father, approached him and initiated a "sudden, sustained attack" that left Mr Finan unconscious. The attack consisted of a punch that knocked the victim to the ground and several more punches as he lay on the ground.
Gda Quinn said Mr Finan appeared to suffer a fit while on the ground and was brought by ambulance to Mayo University Hospital. He suffered no serious, long-term injuries but had a slight bruise over his eye. Herbert was identified to gardaí and later made a statement in which he admitted his part in the attack. Gda Quinn said the defendant was "shocked at the ferocity of the assault carried out". He has two previous convictions for road traffic matters. A victim impact statement was not forthcoming.
Barrister Pat Murphy said his client came to Ballina with his father and cousin following a football match. Mr Finan had been having a conversation with the girlfriend of Herbert’s cousin’s and that led to the dispute.
“He involved himself in an incident that had nothing to do with him. The events that followed were the most serious."
Mr Murphy said Herbert, who works for a civil engineering firm, comes from a positive background and his family is disappointed by his actions. He has since met with Mr Finan and apologised.
Judge Eoin Garavan said Herbert had become a "scary individual" on the night due to the influence of alcohol, adding that there was a period where he could have "cooled down" following the initial dispute.
“He is a young man from a normal background with a good family, a good job, he’s involved in sports and when fuelled by alcohol, he becomes violent.
“There was a time to cool down and yet he remained bad-tempered, aggressive and violent,” said Judge Garavan, adding that he was surprised Herbert’s father had not acted as a "restraining influence" on the night.
Judge Garavan said it was a mitigating factor that Herbert had "manned up" and apologised to Mr Finan. He imposed 180 hours of community service in lieu of 10 months in prison.
