No additional jail for man convicted of 'sickening' assault
A young man serving a sentence for armed robbery will not serve any additional time for a “sickening” assault in a fast-food restaurant.
Ian Maloney (aged 24) kicked and stamped on the head of his victim as he lay on the ground.
Maloney is currently serving a 12-year sentence for a €1.2m jewellery heist at Dundrum shopping centre.
His friend, Jonathon Murray (aged 22), was jailed for 18 months for his role in the assault.
Maloney of Cashel Road, Crumlin and Murray of Downpatrick Road, Crumlin pleaded guilty to assault causing harm to Joseph O’Brien in Charlie’s Restaurant on Dame Street on January 4, 2009.
Maloney has 73 previous convictions and Murray has 48 including four for drug dealing.
There was a loud gasp from onlookers at Dublin Circuit Criminal Court when CCTV footage showed Mr O’Brien been hit across the back of the head by one of Maloney’s friends.
The victim fell to the ground and Maloney repeatedly kicked him in the head as he lay semi-conscious. Murray then kicked the victim once before the group fled.
Mr O’Brien woke up the next morning in hospital with a broken jaw, smashed teeth and a broken eye socket. He was badly concussed and could not remember much about the attack.
Garda Ken Foley told prosecuting counsel, Fiona Murphy BL that he spotted the group running out of Charlie’s. They were screaming and jumping around “as if something had just happened”.
A security guard told Gda Foley about the attack and the men were arrested.
“Tell me why I shouldn’t extend his stay in prison?”, Judge Martin Nolan asked after hearing Maloney is not due for release until 2018.
Pieter Le Vert BL, defending Maloney, submitted that his client has offered a full apology. He said Maloney’s brother had died several years ago shortly after been released from garda custody and he blames the authorities for this.
He said this led to his client starting to drink and use drugs before becoming involved in crime. Mr Le Vert said Maloney is now drug free and the recent birth of his son has “changed him entirely”.
Judge Nolan called it a “sickening assault” and said it appears Maloney inflicted most of the injuries.
However, he said there is some hope he will reform himself and that he would not extend his prison term. He sentenced Maloney to four years to run alongside his current sentence.
Keith Spencer BL, defending Murray, said his client had only inflicted one kick at the end of the attack. He said he was addicted to cocaine at the time but is now drug free.
Counsel said Murray was in the army at the time but has since discharged himself on medical grounds.
Judge Nolan jailed Murray for 18 months after refusing to accept that he should not be held responsible for Mr O’Brien’s injuries.
