No jail for woman who partially blinded man in nightclub glass attack
A 21 year old woman who partially blinded a man when she threw a glass at his girlfriend during a nightclub row has been given a four year suspended sentence.
Jazmyn Draper (21) of Grove Park Road, Finglas East, pleaded guilty in Dublin Circuit Criminal Court to recklessly causing serious harm to Fintan Buckley at The Full Shilling nightclub on Main Road, Finglas, Dublin, on May 17 2014.
Draper also pleaded guilty to assault causing harm of Joyce Mullins that same night.
Mr Buckley told the court that he has almost no sight in one eye after Draper threw a glass which glanced off his girlfriend’s head and shattered in his face.
He said that the day before the incident he had viewed a house and was in the middle of a computer course but the day after he couldn’t even go out in daylight.
He said he has spent much of the last year in a darkened shed and his counsellor has told him he is suffering from symptoms of Post Traumatic Stress Disorder.
“To have a pain free life and be able to sleep again would mean a lot,” he said.
“This is only one part of a night out for the accused but I think about the horror of that night every morning.”
Fionnuala O’Sullivan, BL, prosecuting, said Mr Buckley and his girlfriend Ms Mullins were in the nightclub with friends after watching the FA Cup final and having a barbecue in their house.
Garda Sean Kelly told the Ms O’Sullivan that Draper accused Ms Mullins of aggressively bumping into her on the dance floor and said she gave her the fingers when she asked her to stop. Draper said she was afraid because Ms Mullins was somewhat older than her.
Mr Michael Bowman, SC, defending, said that Draper was recognisable on CCTV footage because of her bright pink trousers.
Gda Kelly told Mr Bowman that he thought she was about two metres away from the couple when she threw the glass. When she was questioned about the incident she said the last thing she could remember was being given the finger by Ms Mullins.
Gda Kelly said that when Draper was removed from the dance floor after the incident, the bouncer had to kneel on her to restrain her.
An up to date medical report was not available on Mr Buckley’s prospects of recovering but he told the court he had resigned himself to never seeing out of the eye again.
He also said that he had received no apology from Draper and the only contact he had got since the incident was her uncle “roaring down the phone” at him that she was being set up.
Mr Bowman said that Draper’s bail conditions prevented her from contacting him and she had moved in with her uncle as she had to leave the area where Mr Buckley and his girlfriend lived.
Judge Martin Nolan said Draper lost control and threw a glass. He said when you do that you take “a considerable chance as to what will happen”.
He said the State have accepted that the assault was reckless rather than intentional and added that while the injuries could have been foreseeable, the chances of such a serious injury occurring were remote.
Judge Nolan said it would be unjust to imprison Draper having considered this fact and her “perfect mitigation” which included no previous convictions, co-operation with the garda investigation and the fact that she is full-time employment.
He sentenced Draper to four years in prison which he suspended in full for five years on condition that she raise €2,000 per year for each of those five years for the victim.
Judge Nolan also ordered that a further €1,500 Draper had in court be handed over to Mr Buckley.