A man who fractured an eight-year-old boy’s nose because of a dispute the child had with his daughters has been handed 240 hours of community service in lieu of an 18-month jail sentence.
Kamil Naumczyk (40) ran after a group of boys and followed them into a nearby back garden after his daughters told him that the boys had been fighting with them.
The victim and another boy were standing on the threshold of a cabin in that garden when Naumczyk punched him in the face with a closed fist, causing the child to fall backwards.
The child was brought back to his parents by his friend’s mother and Naumczyk came with them. He immediately admitted punching the child and said he was defending his daughters.
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The child was later brought to Tallaght Hospital and was then referred to a specialist. He later underwent surgery to put a plate in his nose to stabilise it.
Naumczyk, of Oakton Park, Ballybrack, Dublin, pleaded guilty at Dublin Circuit Criminal Court to assaulting the child causing him harm on May 8th, 2021. He has no previous convictions.
Judge Martin Nolan heard Naumczyk was deemed suitable for community service and ordered the defendant to carry out 240 hours in lieu of an 18-month prison sentence.
‘Very reprehensible’
At a previous sentence hearing, Judge Nolan said Naumczyk had “grossly overreacted” to whatever his daughters had told him.
“To assault a minor in this way is a gross misjudgment and very reprehensible. It was obviously a very frightening experience for the injured party, who suffered a deviated septum,” said the judge.
He noted that Naumczyk had immediately made admissions to the victim’s parents, expressed remorse and cooperated with gardaí. Judge Nolan also said Naumczyk had a long work history, family responsibilities and no previous convictions.
“He has good insight into his wrongdoing and I think he’s unlikely to reoffend to any great degree,” added the judge.
Garda Kerry Connor told Lisa Dempsey BL, prosecuting, that the child later told specialist gardaí he had been out that day building a fort with some other boys on the local green. Three young girls, about the same age, joined them but there was an altercation between the children after the boys decided “they had not been pulling their weight”.
The boys continued to build the fort and the girls left. Naumczyk came out shortly afterwards, the boys ran off, he followed the victim and assaulted him.
Threatened
Naumczyk later said that the girls claimed they had been shot with a NERF gun and threatened with a shovel. They said one of the girls had also been kicked by the one of the boys.
A victim impact statement was handed into court but not read out.
“I hope the child is in recovery; and Mr Naumczyk, I hope you won’t do it again,” said Judge Nolan.
Garda Connor agreed with Fiona Murphy SC, defending, that Naumczyk had accepted fully that he had been in the wrong.
Counsel said her client has two young daughters and his “family is the focus of his life”. She said he was “genuinely remorseful” and cannot explain his behaviour.
“It was his intention just to speak to the child. He is appalled by his actions,” she submitted.