A man whose so-called “mess fight” with a lifelong friend escalated when he picked up a bottle and later a knife has been sentenced to two years and three months in prison.
Frank Kelly (40) and his friend Darren Sherlock had been socialising before returning to Kelly’s home, where they continued to drink alcohol and take drugs, reports Breaking News.
Once back at the house, Kelly suggested that they engage in a fight, and Mr Sherlock set up his phone to record the encounter.
Prosecuting counsel Aideen Collard BL told the court that the two men often took part in “mess fighting”, so this incident initially seemed typical, reports Breaking News.
Ms Collard said that on this occasion, Kelly and Mr Sherlock “traded a few digs”, but matters quickly intensified when Kelly grabbed a whiskey bottle and struck Mr Sherlock with it.
Garda Diane Byrne testified that Kelly then picked up a knife and told Mr Sherlock, “I am going to get a knife and stab you to bits,” reports Breaking News.
Ms Collard said the footage captured Mr Sherlock pleading with Kelly to stop, repeating the word “stop” 36 times.
Kelly went on to attack him with the knife, inflicting nine stab wounds. The recording captured Mr Sherlock saying “I am dying bro” as Kelly responded, “you’re dead,” reports Breaking News.
Mr Sherlock managed to flee the apartment and ran down the street before collapsing. Local residents rushed to help, and emergency services were called to the scene.
The video also showed Kelly returning to his home to clean up after Mr Sherlock left, reports Breaking News.
Ms Collard told the court that Mr Sherlock was treated in hospital for nine superficial stab wounds to his back, though doctors initially feared a punctured lung.
Kelly, of Mulroy Road, Cabra, pleaded guilty at Dublin Circuit Criminal Court to assault causing harm to Mr Sherlock in Cabra, Dublin, on January 29th, 2022, reports Breaking News.
The court was shown the footage recorded on Mr Sherlock’s phone.
Judge Martin Nolan observed that the clip began with “grappling, pulling, shoving and wrestling, but then things took a darker turn,” reports Breaking News.
“It seems he became very angry,” the judge said, referring to Kelly hitting his friend with a bottle.
“That was not enough for him, he procured a knife and stabbed him nine times,” Judge Nolan said, reports Breaking News.
He noted that the wounds “were not too deep and too dangerous” and that the victim has fully recovered and is “getting on with his life.”
“It started off legal and then it became criminal, simple as that,” the judge remarked, reports Breaking News.
Judge Nolan acknowledged Kelly’s “very strong mitigation,” including his guilty plea, cooperation, and lengthy work record.
He described Kelly as “an accomplished man,” referencing his six years of army service, and said he believed Kelly was “unlikely to re-offend to this degree in the future,” reports Breaking News.
However, the judge said he could not agree to a defence plea for a non-custodial sentence.
“When he picked up that bottle it escalated, it went beyond a non-custodial position when he picked up the knife,” Judge Nolan said before imposing a prison sentence of two years and three months, having set a headline sentence of four and a half years, reports Breaking News.
Garda Byrne testified that after his arrest and questioning, Kelly initially claimed he was acting in self-defence.
He was rearrested once gardaí obtained the video of the attack, but he again maintained the same defence, reports Breaking News.
The court was told that Kelly has prior District Court convictions, all for road traffic matters.
Defence barrister Simon Matthews BL presented several letters from Kelly’s family members and a former colleague, reports Breaking News.
“The footage speaks for itself,” Mr Matthews said, describing the incident as “a serious assault.”
He said it began as “a mess fight” that spiralled due to alcohol and drug use, reports Breaking News.
Counsel acknowledged that Mr Sherlock could be heard shouting “stop” multiple times, but Kelly did not stop.
He added that Kelly had served six years in the army, completing two overseas tours, and was medically discharged after a knee injury, reports Breaking News.
“He apologised for his actions,” counsel said.
Mr Matthews told the court that his client, a father of two, has not had contact with the victim and is grateful that no further harm occurred, reports Breaking News.
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