Tom Tuite
A chip shop assistant manager, who attacked two men in a McDonald's takeaway after they insulted his occupation, has been spared a criminal record as well as a prison sentence.
David Delaney (26), of South Brown Street, Dublin 8, had pleaded guilty in April to two counts of assault in connection with the incident after he “over-reacted” on the night of February 29th, 2020.
Dublin District Court heard on Monday that he had given €300 to Acquired Brain Injury Ireland, in addition to an earlier donation to another charity.
Judge Treasa Kelly applied the Probation of Offenders Act.
Earlier the court was told Delaney had a row with the two men, both aged 39, at his workplace, fish and chip shop Leo Burdock’s, in Rathmines in south Dublin.
He later went to them in a nearby McDonald's and attacked them.
Court sergeant Niall Murphy told the court that one man suffered a cut to his eye after he was hit a number of times to the face and head.
His friend tried to intervene and received a blow to the side of his head from Delaney. He was rendered unconscious for a minute.
Delaney had no prior convictions.
'Derogatory remarks'
Defence solicitor Andrew Broderick had told the court the two victims had earlier gone to Delaney’s workplace. It had just closed, and he was cleaning up and would not let them in.
“They made derogatory remarks to him about his occupation. He over-reacted and went after them in McDonald’s a few doors down,” the solicitor said.
Father-of-one Delaney had pleaded guilty at an early stage and was willing to compensate the injured parties, Mr Broderick had told Judge Kelly. The court could leave him without a criminal record, the defence pleaded.
He worked full time as an assistant manager at fish Leo Burdock’s, his solicitor said.
Judge Kelly said there were two assaults with one being more serious than the other. Delaney was fortunate that man did not suffer more serious injuries, she said.
She noted he had taken responsibility for his actions and had engaged with a restorative justice programme, part of which involved writing letters to the victims.
He also donated another sum of money to another brain injury charity Headway.
She had ordered him to give a further €300 to Acquired Brain Injury Ireland, and he would be spared a criminal record, otherwise he would have been convicted and fined €500.
