A man and a woman who assaulted a student on the night he was fatally injured while socialising in Co Westmeath escaped a jail sentence today.
Andrew Dolan (20), an NUIG biomedical student from Carrick-on-Shannon, received fatal injuries during an assault on Pearse Street in Mullingar on December 23rd, 2011. He died in Beaumont Hospital on January 1st, 2012.
Jessica Hughes (21) of Greenfield Heights, Rathwire, Killucan, Co Westmeath and Patrick Daly (24), Mulphedder, Clonard, Co Meath were acquitted of Mr Dolan’s manslaughter when tried last January.
Although acquitted of manslaughter, the jury found Mr Daly guilty of assault causing harm and Ms Hughes guilty on a lesser charge of assault in relation to the attack on Mr Dolan on December 23rd.
In sentencing at Mullingar Circuit Court, judge Anthony Hunt said while the actions of the pair had in a general “human sense” contributed to Mr Dolan’s death, legally they had been acquitted of his manslaughter when tried on the basis of joint enterprise.
Noting neither had any previous convictions and both were unlikely to reoffend, Judge Hunt sentenced Mr Daly to 240 hours community service in lieu of two years in prison.
Ms Daly was sentenced to 160 hours of community service in lieu of five months in prison.
He extended his sympathy to the Dolan family, who he said had been “ever dignified” during the hearings and he thanked Det Garda Peter Kelly and the Garda CCTV operator in Mullingar for their work.
Speaking after sentencing, Andrew Dolan’s father Joe expressed his disappointment with the justice system.
He also called for a halt to random acts of violence on the streets.
In separate proceedings, Patrick Farrell (22) of Cornamuckla, Broadford, Co Kildare admitted to Mr Dolan’s manslaughter and received a three and a half years in prison sentence in 2013.
He had delivered a final blow which caused Mr Dolan to fall and hit his head on the ground.