A 29-year-old man who stabbed a stranger in the head and “destroyed his life” by leaving him with a “horrific” brain injury and a lifelong disability, has been jailed for seven-and-a-half years.
The Central Criminal Court heard the tip of the weapon was left inside the head of Eoin Casey (25) after he was attacked by Thomas Power in the early hours of August 20th, 2018 at Woodbine Avenue in Caherdavin, Limerick.
Passing sentence on Monday, Mr Justice Paul McDermott said the attack was a “shocking and horrific act”, which had devastating consequences for the victim and left him with an “appalling life-threatening injury”.
Referring to the victim’s recovery, the judge described it as “arduous and requires an enormous amount of resilience”. It is a daily struggle and his enjoyment of life has been compromised,” he added.
Mr Justice McDermott highlighted that offences involving the use of knives need to be discouraged.
Power of Alderwood Avenue, Caherdavin in Limerick pleaded guilty last November to assaulting Mr Casey, causing him serious harm.
Power had also pleaded guilty to assaulting Aaron Grant, causing him harm, on the same occasion.
Before delivering the sentence, Mr Justice McDermott said Mr Casey had been returning home to his brother’s house on the night.
Two groups of men had been out celebrating separately that day after Limerick’s victory in the 2018 All-Ireland hurling final. Both groups encountered each other through a “chance meeting” when their “paths crossed” in the Caherdavin area as they made their way home and there was “no history between them”.
There was an exchange of words between the two groups, which led to a scuffle between Power and Mr Casey. Power “received a blow” from Mr Casey, which was not of a significant nature but caused him to stumble and fall. The defendant quickly left to retrieve a knife from his pregnant girlfriend’s house, which was less than 200 metres away, before returning to Woodbine Avenue to attack the two men.
Power stabbed Mr Casey once in the head with the knife, which penetrated his skull. Mr Casey spent two weeks on a ventilator and five months in a rehabilitation centre in Dun Laoghaire, Dublin and has been receiving “ongoing” medical treatment since the incident. The judge said Mr Casey has not been able to re-engage in sport, suffers epileptic fits, and has difficulty finding and retrieving the appropriate words, which created difficulty in his communication. He also has dyspraxia of speech and his reading and writing skills are affected.
Prior to the incident he was working in a “responsible position in steel fabrication”.
Responsibility for Mr Casey’s care is now shared between his parents and brother, who have “selflessly” supported him in his recovery, said the judge.
Referring to the victim impact statement given by the brother of Mr Casey, Martin Casey, the judge said he had “eloquently and movingly” described his brother’s suffering and “catastrophic injuries”. “He states the accused took away his brother’s ability to work and stole his sense of purpose in life,” he said.
Martin Casey said in his victim impact statement that he will never be able to erase the image of his brother from his mind and he never knew a human’s head could swell so much and be so disfigured. “We know a part of him died that night and it would never be like it used to be. He will never tie his own laces again or text a girl, never be able to remember his mobile number, simple everyday things we think nothing of. Eoin needs help with simple, everyday things now,” he said.
The judge said that Power also attacked Mr Grant, who is also greatly affected by the assault on him. The court heard the second victim suffered concussion at the scene and now experiences difficulties in his daily life.
Power in a letter of apology said he did not expect his apology to be accepted by Mr Casey but what he had done was “utterly inexcusable”.
Having regard to the gravity of the offence, Mr Justice McDermott said there were a number of significant aggravating circumstances in the case including that Power deliberately went home after the scuffle and obtained a knife, which he said was deliberately done to avenge the assault on him. “He fully intended to use the knife and had done so,” he added.
The judge also pointed out that Power had attacked and stabbed the two young men without any hesitation and did not obtain help for them, which was another aggravating factor. “The decision was taken deliberately and executed with purpose,” he continued. Also, Power had disposed of the evidence by throwing the knife into a domestic bin and it was never found.
Power had six previous convictions, which are mainly public order matters and he has one minor conviction for possession of cannabis.
Mr Justice McDermott said his alcohol and drug use was a long-standing issue and clearly a factor on the night.
Power was sentenced to nine years in prison with the last 18 months suspended for assault causing serious harm and two years for assault causing harm. The man’s sentences are to run concurrently and were backdated to January 20, 2021.
Prosecution counsel Conor Devally SC said the State wished to enter a “nolle prosequi” — a decision not to proceed with the case — on a charge of attempted murder.