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 - Wed, Feb 21, 2007

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Check below to read Court Stories

Total Stories: 50          Published: Wed, Feb 21, 2007



Suspended sentence for man who committed serious assault

An Enniskillen man who has pleaded guilty to an assault has been sentenced to two months' imprisonment. Mark Kelly (20) from Ashdale, Tempo Road in Enniskillen admitted at Fermanagh Magistrates Court to assaulting Gary O'Loughlin on 10th July 2005.The court heard that on 10th July 2005, around 1.10am, the injured party was in his parents' home in Cavandale in Enniskillen when the windows of the house started being smashed.The injured party then became aware that his mother was at the front door attempting to close it.Five or six men entered the house holding hurling sticks, baseball bats and other weapons. The court was told the defendant was one of these and the court heard the injured party was struck six or seven times.Counsel for the prosecution explained that the case before the court was one of common assault as there was no medical evidence to support any more substantive charge. However, he revealed that it was claimed that the injured party suffered a cut above his eye and also had six staples in his head.A barrister for the defence pointed out that the defendant was not involved with the criminal damage in this matter, that relating to the breaking of windows.The court was told that earlier that evening the defendant, Kelly was at a friend's house when a number of individuals called at this house and an assault took place. Friends of Kelly then went down to another house and broke a number of windows in the house. The defence barrister accepted that their client 'foolishly decided to go along with his friends'. Counsel accepted that this was indeed a serious incident and that Kelly should not have gone to this address on the night in question. The court was told that Kelly was a 20-year old bricklayer who had a very young child. He worked hard for his family and 'seems to have grown up' since this incident, the barrister told the court.

The defendant no longer drank alcohol 'and appears to have grown out of this adolescent behaviour'.Resident Magistrate Liam McNally told the defendant that this offence occurred less than a week after a previous court appearance, and he also noted that Kelly had appeared before the court on four occasions between May 2003 and July 2005 for violent offences.

"The court now has to consider a custodial sentence' Mr McNally told the defendant as he sentenced him to two months in prison.

"This sentence was suspended for two years and the defendant was also ordered pay £150 compensation to the injured party in this case.


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