Man escapes prison after party assault

Man escapes prison after party assault

14 October 2015

A DOWNPATRICK man has narrowly avoided jail after assaulting a fellow reveller on a Christmas work night out.

Twenty one year-old mechanic Philip Young, of Cathedral Park, was given a six month suspended prison sentence at Downpatrick Court on Monday for assault occasioning actual bodily harm on Martin Carville.

At his sentencing, Young was warned he could easily have been facing a manslaughter charge after CCTV footage showed him kicking Mr Carville in the head as he lay on the ground.

Young averted his eyes as CCTV footage of the assault was played showing the attack, which happened at the pedestrianised section of Scotch Street in Downpatrick on December 20.

The court heard that Young and his friends had briefly met Mr Carville in a pub earlier that evening and had launched the attack after encountering the injured party in the doorway of a second bar.

Mr Carville was knocked unconscious by heavy blows to his face in the incident in which he sustained bruising and a chipped tooth.

A defence barrister said Young had rarely socialised in Downpatrick prior to the assault and pointed out that since then he had been too ashamed to go out in the town.

The court heard that he had admitted to a probation officer his shock after seeing his own behaviour in the CCTV footage.

“It appears a complete red mist comes down over him and he loses his temper,” the lawyer said.

“He admits his behaviour was totally unacceptable. This is a young man who works hard and keeps himself to himself.”

Deputy District Judge Paul Conway warned Young that the starting point for a defendant who kicks somebody while they were lying on the ground was prison.

“Gratuitous violence by young males, especially after drink has been taken, has to be stopped to try to deter other persons from committing offences such as this,” he said.

“This victim was totally helpless when he was on the ground. He was out cold and was absolutely in no way any threat to you or anybody else you may have thought you were trying to help.

“You are very lucky you are before this court for assault occasioning actual bodily harm and not before a higher court for the offence of manslaughter.

“Kicking somebody to the head when they are on the ground is inherently dangerous. You could have killed this person with a single kick and looking at a custodial sentence of five to six years.”

However, due to the defendant’s clear record and immediate co-operation with police, Mr Conway said he would suspend the sentence for two years.

“Be under no illusion. If you commit any form of violent offence in the next two years you will be going to jail,” he said.

“You are on a very fine thread. It is up to you to decide whether you want to be an asset to society or a hindrance to society. This is the point in your life you have to decide which path you are going to go down.”

Young was also ordered to pay compensation of £500 and was given a 12-month conditional discharge for disorderly behaviour.