Monday, January 16, 2023

Eimear Dodd

A Dublin Circuit Criminal Court judge has said people won’t feel safe on the streets at night, if groups “disinhibited by alcohol engage in violence towards each other”.

Judge Pauline Codd made the comments during the sentencing of Dean Pouch (31) and Jacek Luczyn (31), who both pleaded guilty to assault causing harm on Jervis Street, Dublin 1 on May 26th, 2021.

Pouch with an address at Peter McVerry Hostel, St Stephen’s Green, also pleaded guilty to one count of violent disorder.

Judge Codd noted that both accused had opportunities to walk away, but decided not to.

Garda Karl Bolger told prosecuting counsel that gardaí were called at 10.45pm to the Jervis Street area following reports a man had been assaulted.

Gardaí stopped three men, including Pouch and Luczyn of Durban Residence, Gardiner Street Lower, Dublin 1, at the junction of Jervis Street and Abbey Street. The men were co-operative and gave their details.

Gardaí noticed swelling to victim’s head and bleeding. The male victim was taken to hospital by ambulance. He sustained a fracture to his cheek and photos of his injuries were handed to the court.

The victim told gardaí that he had been socialising with friends, when they were approached by another group who started shouting at them and appeared angry. The injured party said he fell to the ground, but did not know why as he may have lost consciousness. No victim impact statement was submitted to the court.

During the incident, Pouch and Luczyn kicked the male victim. Pouch also threw punches and kicks at others involved in the incident, including a man using crutches.

CCTV footage of the incident was shown to the court.

Pouch has eight previous convictions including public order offences, all from the District Court.

Luczyn has four previous convictions from the District Court for public order offences.

Defence counsel for both men asked Judge Codd to consider their early pleas, expressions for remorse and steps taken to deal with their issues with alcohol.

Judge Codd said the mitigating factors for both accused included their early pleas, cooperation and expressions of remorse.

She imposed a sentence of five years in relation to the violent disorder charge with the final two and half years suspended on strict conditions. Judge Codd handed Pouch a sentence of two and a half years on the assault causing harm count, with both sentences to run concurrently.

Judge Codd said Luczyn’s conduct was different to Pouch’s, but he had kicked and punched the victim.

She handed Luczyn a two and half year sentence for the assault causing harm, which she suspended in full on strict conditions including that he place himself under the supervision of the Probation Service for three years.

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