Dublin father-of-three threw punch at delivery driver during assault

John McCarthy
John McCarthy

A father-of-three who threw one punch during the assault of a delivery driver by several people has been given a suspended sentence.

John McCarthy (28) of The Oaks, Clonshaugh Woods, Coolock, Dublin pleaded guilty at Dublin Circuit Criminal Court to assault causing harm at Jervis Street on August 23, 2013. He has 22 previous district court convictions.

Judge Melanie Greally noted that he had limited involvement in the assault and had not come to any recent garda attention. There was a positive probation report before the court and she imposed a two-and-a-half-year sentence which she suspended in full. She also ordered that he carry out 240 hours community service.

Garda Carmel Reilly told Fiona McGowan BL, prosecuting, that a delivery man was unloading his truck near a group of people queueing for tickets when a man, not McCarthy, moved his trolley. He was punched by this man as he retrieved the trolley. Other men then punched him also.

Gda Reilly said McCarthy's role was to punch the delivery man once. He was arrested at the scene.

Gda Reilly agreed with Sandra Frayne BL, defending, that McCarthy was not the person who started the assault and his role was less than the instigator of the assault.

The court heard that one of the other people involved in the assault had since died and charges were dropped against another accused.

Fiona Ferguson