Enniskillen Courthouse
A THUG who beat up another man so badly he needed surgery to his face has been given a five month suspended prison sentence.
Patrick Kavanagh from Foxhill Close, Enniskillen, has previously served a prison sentence following convictions for assaulting police, dishonesty and taking a car.
28-year-old Kavanagh was to contest the charge of common assault when he appeared before Enniskillen Magistrates Court last Wednesday but changed his plea to guilty an hour before his case was due to be heard.
The accused was serving a suspended sentence at the time the assault occurred, which was described by Deputy Judge Anne Marshall as being at the high end of the offence.
The Public Prosecution Service outlined to the court that on March 10 at around 10pm police officers were in Enniskillen town centre when they saw a man holding his nose who had appeared to have been assaulted.
After speaking with the injured man they discovered that he had been punched three times by another man, who was later identified as Kavanagh, in Charlie’s bar.
It emerged during court that the accused assaulted the man outside the toilets over an incident that had occurred earlier in the evening that had involved a young woman.
Kavanagh then punched Michael Mallon three times causing injuries to his face so badly that needed surgery as well as a chipped tooth.
The defendant was arrested over the incident and questioned the following day but he told police officers that he could not remember the incident but was not denying the charge.
Defence solicitor Garry Smith told the court that his client had been drinking all weekend and that he was sorry for assaulting Mr Mallon.
Mr Smith added: “There was a chance encounter between the injured party (Mallon) and the defendant outside the public toilets.
“The defendant did strike out at the man over an incident that had occurred before this and had involved a young lady.
“He admits to what he did and wants to apologise but that may be too late in the day.
“The court has been saved time by him pleading guilty. He has a considerable record but this is his first charge of assault. It could be better to have something hanging over his head rather than send him back to prison.”
Judge Marshall said: “Your solicitor says you regret this incident but that is late in the day.
“It should have been a genuine and remorseful plea and not on the day of the contest.
“He (Mr Mallon) has had to wait about on the day of the contest and you wait until the eleventh hour for you to change your mind.
“You have been in prison before and on a suspended sentence but that hasn’t stopped you.
“I have to decide whether to activate the suspended sentence. I think this offence is at the very high end because the injured party will have to have surgery. You are lucky that you are not in the Crown Court.
“I am going to sentence you to five months imprisonment for this offence suspended for two years. I could be sending you out that door (to custody) for 10 months today. But this is a different type of offence. It would help to have something hanging over you.”
Judge Marshall warned Kavanagh that he has to stay out of trouble for two years before dismissing him from court.
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