A man who left another man with serious head injuries after a one-punch attack in Buncrana has been given a chance to avoid prison.
Sean Breen, who has been charged with a brutal assault on Damian McFadden in 2019, has been given a year to come up with €5,000.
At Donegal Circuit Court, Judge John Aylmer gave Breen an opportunity to come up with the sum, to be given to Acquired Brain Injury Ireland.
If the 30-year-old, of Marianus Park, Hazelbank, Derry, makes the contribution, Judge Aylmer said he would be minded to impose a two-and-a-half-year suspended prison sentence.
Breen pleaded guilty to assaulting Mr McFadden and causing him harm in the attack, on August 9, 2019 outside the Atlantic Bar in Buncrana.
Mr McFadden was seen by an eye witness who described him as being “out for the count with blood coming out of his mouth”.
CCTV footage was shown in court and Breen could be seen delivering a punch with his left hand to Mr McFadden’s face. The victim was knocked unconscious in the incident and was taken to hospital.
Mr McFadden discharged himself from hospital at 1.20am on August 10, 2019.
However, the court was told that the following day he was not feeling well and had pains in his head and was being sick.
He was rushed back to Letterkenny University Hospital but was sent to Dublin’s Beaumont Hospital where he spent almost two weeks getting treatment for a serious head injury before being released on August 22, 2019.
After reviewing footage, local Detective Garda Jason Conroy made a positive identification of Breen at the scene.
Breen was arrested and interviewed and admitted assaulting Mr McFadden following a disagreement over a person they both knew.
Garda Rafferty said that Breen has a number of previous convictions in Northern Ireland for common assault, dangerous driving, not having insurance, taking a car without consent and failing to stop for police but had no convictions in this jurisdiction.
Barrister for the accused, Mr Shane Costelloe, SC, said the evidence suggested that the brain injury was not as a result of the punch but as a result of the fall from which Mr McFadden had banged his head.
Mr Costelloe said that his client consumed a lot of alcohol and that he felt threatened during the encounter.
Mr Costelloe quoted his client as saying: “I felt threatened and I was just defending myself.”
The barrister said Breen has not come before any court since 2014 and that on the night in question, his client was 24 year olds, was drunk and had just broken up with his then girlfriend.
Mr Costelloe said that while it was no excuse, he wanted to point out that this was very much a one punch attack and it was not followed up by any “savagery” such as kicks to the head.
Passing sentence, Judge Aylmer noted that Mr McFadden passed away in 2022, but there was no suggestion that this was anything to do with the injuries suffered as a consequence of the punch.
Referring to the injuries sustained by the victim, Judge Aylmer said he placed the incident in the mid-range for such offending and it merited a sentence of three-and-a-half years before mitigation is considered.
He said Breen made admissions, entered an early plea and has not come to any adverse attention since the incident.
Judge Aylmer said Breen has a good work record as a landscaper and was before the court with the benefit of positive references. He said previous convictions, which were recorded in Northern Ireland for common assault, dangerous driving, not having insurance, taking a car without consent and failing to stop for police, occurred when he was aged 18-20 in the years from 2012-14.
Judge Aylmer said it was opened to him that the incident occurred after Breen went through a breakup of a relationship and was going through a two-month period of alcohol and drug abuse.
Judge Aylmer said the mitigation merited a reduction in the sentence to one of two-and-a-half years imprisonment.
Given that Breen is now what he called a hard-working man now in a settled relationship with a young child and had the benefit of a probation report, he said he would give him a chance.
Judge Aylmer said that he would adjourn the matter for one year to allow Breen put together €5,000. If a receipt is placed before the court, Judge Aylmer said he would impose the two-and-a-half-year sentence, but suspend it in its entirety on Breen entering a bond to keep the peace and be of good behaviour for a period of two-and-a-half years.
“I am holding my Hand and not making a final order,” Judge Aylmer said. “I would have thought that he has the capacity to put together that sum.”