Tom Tuite
A chip shop assistant manager, who attacked two men after they insulted his occupation, has been given a chance to avoid a criminal record as well a prison sentence.
David Delaney, 26, of South Brown Street, Dublin 8, pleaded guilty to two counts of assault causing harm in connection with the incident after he “over-reacted” on the night of February 29th, 2020.
Dublin District Court was told Delaney had a row with the two men, both aged 39, earlier at his workplace, fish and chip shop Leo Burdock’s in Rathmines, in south Dublin.
He later went up to them in a nearby McDonalds 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 but received a blow to the side of his head from Delaney. He was rendered unconscious for a minute.
Derogatory remarks
Delaney had no prior convictions. Defence solicitor Andrew Broderick 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 overreacted 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 told Judge Treasa 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 commented.
Responsbility
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 a sum of money to brain injury charity Headway.
On that basis, she ruled, he was entitled to the benefit of the Probation of Offenders Act, which means a conviction would not be recorded. It was conditional, however, on him making another donation, of €300, to Acquired Brain Injury Ireland within three months.
Otherwise he will be convicted and fined €500.
The case was adjourned until a date in July.
