Man breaks another man's jaw during "misplaced sense of chivalry" incident
A man who fractured another man’s jaw while robbing him of his phone and wallet has been given a suspended sentence.
Dean Moore (27) claimed he thought the man was threatening a woman and attacked him out of a "misplaced sense of chivalry."
Dublin Circuit Criminal Court heard there was no truth to this and it was a "misapprehension."
The court heard that the victim was walking home along Pearse Street in Dublin at 4am after a night out, when he suddenly found himself on the ground being kicked in the head by Moore.
Moore of Markievicz House, Dublin 2 pleaded guilty to assault causing harm to Conor Muldoon and the robbery of his wallet and his phone, valued at €400, at Pearse Street, Dublin 2 on June 3, 2013.
Moore had handed over €900 on a previous occasion as a practical expression of remorse.
Defence counsel, James Dwyer BL, said his client was on social welfare and would find it difficult to gather further money. He submitted that his client was on the path to rehabilitation.
Judge Patricia Ryan noted that gardai agreed it was an isolated incident and out of character. She imposed a three-and-a-half-year sentence which she suspended in full on conditions.
Garda Alan Roche told Tony McGillicuddy BL, prosecuting, that Moore was screaming at Mr Muldoon to give him his wallet. He kicked Mr Muldoon in the face, leg and chest as he lay on the ground, until he relented and handed over his wallet.
Mr Muldoon reported that several taxis stopped in the vicinity, but none came to his aid. One taxi driver later assisted the gardaí and described seeing Moore attacking Mr Muldoon, running away, then coming back and kicking him again.
Garda Roche arrested Moore at the scene, after a struggle during which he threw the phone at the garda. Mr Muldoon was brought to St James’ Hospital where he was treated for a fractured jaw and a broken nose.
Moore later told gardai that he didn’t remember much about the incident, but that he first hit Mr Muldoon due to a mistaken belief that he was attacking a woman, and that he didn’t intend to rob him.
A victim impact statement described how Mr Muldoon thought he would be killed during the “frenzied attack” and how he couldn’t eat solid food for a week afterwards. He has since made a full recovery.
Gda Roche agreed with defence counsel that Moore was “an affable chap” from a bad background for whom the attack was “an aberration”.
Mr Dwyer said that Moore was bright, good with numbers and had planned to go to university until his father was incarcerated, which required him to work to provide support for his family.