Monday, May 15, 2023

David Raleigh

A young woman who repeatedly “bashed” a man’s skull on the edge of a footpath, leaving the victim with a brain injury and needing a cane to walk, has been jailed for four years.

Courtney Murphy, who had just turned 18 at the time of the assault, jumped on Alan McCarthy, knocked him to the ground and repeatedly punched and banged his head off the ground, Limerick Circuit Court heard.

Ms Murphy (20), from New Road, Thomondgate, Limerick, who pleaded guilty to assault causing harm, told gardaí she “lost control” on the day.

She had claimed in her garda interviews after her arrest that Mr McCarthy had grabbed her by the throat during an earlier altercation.

However, the court heard the attack on Mr McCarthy, which occurred at Westfield Wetlands, Condell Road, Limerick, on September 17th, 2021, was a “one-sided” incident.

“It was a one-sided attack against an intoxicated male who couldn’t defend himself,” John O’Sullivan BL, prosecuting, told the court.

An eyewitness told gardaí they saw Murphy “on top of” Mr McCarthy, before she “grabbed his hair and banging his head a couple of times off the ground and punching him”.

Another witness told gardaí they saw Murphy “on top of Alan McCarthy, punching him to his face”.

A third witness said they saw Murphy and Mr McCarthy verbally arguing and Murphy telling the victim she would “get her boyfriend”.

A witness claimed they saw Murphy’s boyfriend, Darnell Price, punch Mr McCarthy in the face, however, Mr Price, who has pleaded guilty to a charge of engaging in violent disorder, denied striking the victim.

All parties had consumed a significant amount of alcohol on the day, including Mr McCarthy.

Mr O’Sullivan said Mr McCarthy was “violently assaulted, his head was bashed off concrete ground”.

Forensic tests

Garda forensic tests carried out on Murphy’s jeans tested positive for a match for Mr McCarthy’s blood.

The prosecution barrister said Murphy admitted that Mr McCarthy “did not hit her” when she set upon him in the park.

Mr O’Sullivan said the “persistence” of gardaí and paramedics in assisting Mr McCarthy to hospital, probably saved his life.

Mr McCarthy suffered a “bleed” on the left side of his brain in the attack and was transferred from University Hospital Limerick to Cork University Hospital where he underwent emergency surgery.

Doctors said Mr McCarthy suffered a “sustained traumatic brain injury” due to “multiple impacts” which left him with “memory cognition issues”, adding he continues to suffer “significant weakness in his limbs and impaired psychological function”.

The victim’s father, Patrick McCarthy, wrote in a victim impact statement that his son was left with “a life sentence” of “life-changing injuries”.

“He can’t play with his kids anymore due to this brutal attack by Courtney Murphy.”

Ciara McCarthy, the victim’s sister, said her brother “is no longer himself, we have to help him eat, pick things up, go upstairs”.

Murphy’s barrister said she had led “a chaotic childhood” after being left “orphaned at a young age”, adding she had “very little family support” but noted she had no previous convictions.

The barrister said Murphy had consumed alcohol and cannabis, which probably “played a part” in her behaviour.

“Gardaí accept she is genuinely remorseful, she was physically sick when she learnt of the extent of Mr McCarthy’s injuries,” the barrister said.

The court heard one of Mr McCarthy’s children had cried themself to sleep over their father’s injuries and remain fearful he “will fall and die” because of his injuries.

Murphy and Price sat together in the dock. Price (23), of Kileely Road, Thomondgate, has 82 previous convictions for assault causing harm, possession of knives, criminal damage, burglary, theft, the court heard.

The prosecution said it accepted that, similar to Murphy, Price also “didn’t get anything like a good start in childhood”.

At the time of the attack on Mr McCarthy, Price had just been released from prison, Mr O’Sullivan said, adding: “He has led a recidivist life with a propensity for violence.”

Judge Tom O’Donnell jailed Murphy for five years, backdated to February 2nd when she voluntarily went into custody after revoking her bail.

The final 12 months of the sentence were suspended on condition she does not reoffend during the five years after her release date and that she adheres to a one-year post release supervision order in which she must engage with the probation services during that time.

Price was remanded for sentencing at Limerick Circuit Court on July 18th.

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