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File photo Sasko Lazarov/Photocall Ireland

Teen boy accused of one-punch attack that seriously injured man (40)

The man had just left a nightclub when he was knocked to the ground.

A TEENAGE boy is facing trial accused of a one-punch attack on a 40-year-old man who was seriously injured during a mugging in Dublin city-centre.

The 16-year-old boy, who cannot be named because he is a minor, appeared at the Dublin Children’s Court charged with robbery at Mercer Street in the early hours of June 27, 2018.

The man had just left a nightclub when he was knocked to the ground from a single blow to the back of his head.

He suffered a fractured shoulder, lost two teeth, suffered cuts to his face and incurred €10,000 in medical expenses.

The Director of Public Prosecutions has recommended the teen should be tried at circuit court level, which has more severe sentencing powers.

However, because the boy was aged under 18, the Children’s Court has discretion to consider accepting jurisdiction for the case.

Incident

In an outline of the allegations, Garda Niall McLoughlin said the incident happened at around 4.50am after the man left a nightclub and intended to get a taxi home to Kildare.

He was on Mercer Street texting on his mobile phone, worth almost €900, when it was grabbed from his hand. He received a blow to the back of his head and as a result of this it was alleged he fell forward.

Both his upper teeth were knocked out, he was bleeding from his gums and there was one centimetre wound to his upper lip.

He had multiple abrasions around his mouth, nasal bridge and right eyelid and his left shoulder was fractured.

The court heard: “He had no medical insurance and it was estimated it cost him about €10,000 to get himself fixed up.”

Two witness gave statements to gardaí that it was a premeditated attack or robbery. CCTV footage was obtained from various premises on Mercer St.

Garda McLoughlin alleged the video evidence clearly showed the boy following the injured party and looking over to his side of the street. It also captured the robbery, he alleged.

The garda said that following his arrest, the boy made full admission but showed little remorse.

Car order

The teenager is in custody on remand.

He had been the subject of a care order and was accompanied to court by a youth worker from a residential care home where he had lived before he went into custody.

His 18-year-old girlfriend was allowed attend the proceedings and the youth smiled at her throughout the hearing.

The garda agreed with defence solicitor Aonghus McCarthy that the teen had been in the company of two others, however no one else was arrested.

The alleged premeditation was at a lower end, the solicitor argued: it did not involve stalking the victim nor was it claimed the teenager stuck around afterwards.

The garda agreed with McCarthy when he described the scene: the boy was drunk and as soon as he noticed the man he and two others decided to take his phone.

Garda McLoughlin said the boy struck the blow.

He had no prior criminal convictions and has not yet formally indicated how he will plead.

Pleading with the court to accept jurisdiction, the defence solicitor submitted that the teen stupidly threw a blow which had dire consequences. He asked the judge to note the teen made admissions.

Judge Gibbons detailed how under Section 75 of the Children Act the juvenile court can accept jurisdiction for a more serious case by taking into account the age, as well as maturity and educational level of the defendant.

An all-encompassing view could be taken, he said.

A report from the teen’s guardian ad litem was available. However, Judge Gibbons said it was necessary for the guardian and the teen’s social worker to attend the proceedings.

The case was adjourned and a ruling on the boy’s trial venue will be made when the proceedings resume later this month.

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