Student starts jail for glass attack
A 22-year-old who glassed a Scottish medical student has been remanded in custody to begin his three-year sentence after having the commencement of the term deferred for a month to allow him complete his college exams.
Barry Maguire of Knockfield Manor, Knocklyon headbutted and smashed a glass into his victim’s face after his drink was accidentally spilled. Mr John Frawley was left with two permanent scars after the attack.
Judge Katherine Delahunt sentenced Maguire to three years with the final two years suspended on April 24 last but remanded him on bail until today to allow him complete his exams. She had ordered him to present himself to the court today to begin his sentence.
Defence counsel, Mr Ronan Kennedy BL, told Judge Delahunt that Maguire had two exams remaining but hoped to arrange with The Prison Service to be able to sit those exams in August.
Judge Delahunt said the assault was on the more serious end of the scale and that such attacks “have become all too common in this city and are before this court all too often”.
Maguire pleaded guilty at Dublin Circuit Criminal Court to assault causing harm to Mr Frawley at the Gaiety Theatre in the city centre on June 12, 2008.
She noted Maguire had €20,000 in compensation for the victim and said she was impressed by his request to meet him personally and apologise. The court heard Mr Frawley did not want Maguire to go to jail but just wanted him to realise the shame of his actions.
Garda Derek Breraton told Ms Roisin Lacey BL, prosecuting, that Mr Frawley was in Ireland visiting friends. They spent the day drinking before going into a nightclub in the Gaiety Theatre.
According to a bouncer who was nearby, Mr Frawley accidentally elbowed a drink out of Maguire’s hand before apologising immediately. Maguire then headbutted him and threw his glass into his face, hitting him above the left eye.
The glass smashed and caused two deep cuts to Mr Frawley which doctors say will leave permanent scars. He was brought to a stairwell by bouncers while he waited for an ambulance.
Gardaí arrived and Maguire was taken to the garda station and interviewed. He admitted the assault but claimed the victim had punched him in the side of the head first. He conceded he was reckless and said he “just acted on instinct”.
Garda Breraton agreed with Mr Kennedy that Maguire was very apologetic and co-operated fully with nightclub staff and gardaí after the incident.
Mr Kennedy said he had recently graduated with a business certificate from DIT and was now studying for his business management degree. He has no previous convictions and offered €20,000 towards Mr Frawley’s medical bills which was accepted.
Mr Kennedy submitted that the attack was not unprovoked and the evidence was ambivalent in that regard.
