A Dublin man has been sentenced to five years in prison for attacking a man with a rock and leaving him with multiple facial fractures and a dislocated eye socket.
Dublin Circuit Criminal Court heard that Derek Curran was so badly beaten by Keith Mooney (27) that a garda who knew the victim did not recognise him when he arrived to the scene of the attack.
Mooney, of Broadford Walk, Ballinteer, pleaded guilty to assault causing harm and production of a rock during the course of an assault at St Enda's Park, Rathfarnham on June 26th, 2017. He has 26 previous convictions for offences including burglary, assault and criminal damage.
Judge Melanie Greally described it as "a particularly violent and brutal" assault that caused very serious injuries to the victim. She noted that a victim impact report, which was not read out in court, stated that Mr Curran had been left traumatised and his mental health had been severely affected.
The judge said the case was “as serious as they get in terms of this type of offence” before she sentenced Mooney to the maximum term of five years.
Judge Greally suspended the final 18 months of the sentence having taking into account Mooney’s guilty plea. She accepted evidence that he comes from a respectable family and he has addictions to alcohol and cannabis.
Bench
Garda PJ Foley told Lisa Dempsey BL, prosecuting, that Mr Curran first met Mooney with another man in St Enda’s Park that evening when they passed him while he was smoking and drinking on a park bench.
He said Mooney and his friend said ‘How’s it going? I met you with your boyfriend before’. They asked Mr Curran if there was a bin nearby and he directed them. Garda Foley said the victim had just walked his partner to a nearby bus stop before going into the park.
An hour later Mr Curran bumped into the pair again at a nearby bookies and they struck up a conversation and exchanged names. Mr Curran indicated that he knew Mooney’s family.
Mr Curran later went to a nearby shop with Mooney’s friend, while the accused remained in the bookies. Mooney then joined the others a short time later back in St Enda’s Park where the two were drinking, smoking and chatting.
Mr Curran told gardaí at the point that Mooney joined them he “seemed very agitated” and was “ruining the mood”.
He asked Mr Curran for money and when the man said he had none, Mooney produced his penis and asked for “€20 for that”. Mr Curran asked him “please don’t do that” and Mooney put his penis away.
Punching
Mooney then started punching Mr Curran to the right hand side of his face. The victim began to gather up his belongings to try and move away before Mooney returned with a rock.
He struck the victim on the right side of his face. Mr Curran managed to get to his phone and dial 999 while Mooney continued to beat him with the rock, until he lost consciousness and fell to the ground.
Garda Foley said the next thing Mr Curran recalled was waking up in hospital. He required surgery to the injuries having suffered fractured ribs, a dislocated eye socket and a broken cheek bone. He required 35 stitches to his head.
Garda Foley told Ms Dempsey that his colleague who attended the scene with him knew Mr Curran but did not recognise the man because his injuries were so extensive.
Mooney was nominated as a suspect and his home was searched the following day where blood stained clothing was recovered. He told gardaí that he had never heard of Mr Curran and had been in a fight with someone else in the park.