A man has been sentenced to two and a half years in prison for his role as the primary instigator of a violent disorder that took place in Balbriggan.
Dublin Circuit Criminal Court heard that Kevin Cox, 48, of Castleland Court, Balbriggan, pleaded guilty to a single count of violent disorder on Drogheda Street, Balbriggan, on 31 March 2024, reports Breaking News.
Passing sentence on Friday, Judge Elma Sheahan said the CCTV footage clearly set out the role of the accused and demonstrated the aggressive violence he had carried out, stating: “It is clear he is the instigator on the night.”
The judge noted Cox was 46 years old at the time and was old enough to know better, reports Breaking News.
She identified the aggravating factors as the seriousness of the offending, a similar previous conviction from 2002 and the repeated nature of kicking victims while they were on the ground.
Judge Sheahan set a headline sentence of six years, but in mitigation took into account Cox’s guilty plea, his remorse, his apology, the fact he had not come to garda attention since the incident and that he had brought €4,000 to court as a token of remorse, reports Breaking News.
She sentenced him to four years in prison, noting that having viewed the CCTV footage the custodial threshold had been clearly crossed, and suspended the final 18 months for 18 months under strict conditions.
Garda Joanne McGinn told the court that on the night in question, two men arrived at a taxi rank in Balbriggan and engaged in conversation with three women, reports Breaking News.
A few minutes later, Cox and a co-accused approached the two men and gestured for them to move away from the women, leading to a verbal altercation.
The incident escalated when Cox pushed and then struck one of the men several times, with the fight briefly broken up by the co-accused before Cox struck the man again, causing him to fall to the ground, and then kicked him in the face as he tried to get up, reports Breaking News.
The second man was punched by the co-accused and then kicked in the face twice while on the ground by Cox, after which both men left the area.
Approximately 15 minutes after the incident, the two injured parties were assaulted by a second group of individuals and sustained extensive further injuries, reports Breaking News.
The first injured party suffered pain and bruising to the head and face and continues to experience headaches and impaired vision.
The second suffered a full knee dislocation, fractures to his fibula and tibia and multiple tears to his knee ligaments, reports Breaking News.
Victim impact statements were submitted on behalf of both men, who were out of work for a period and were unable to send money home to support their families.
One man said: “I fear going into Balbriggan as I don’t know who beat me,” reports Breaking News.
CCTV footage of the incident was played to the court. Cox has 16 previous convictions, most from the District Court, with some of a similar nature, though the court heard his last conviction dated back to 2005 and he had not come to garda attention since the current offence.
The court was also told that his co-accused was dealt with in the District Court, receiving a fine of €350, while the garda agreed that the more extensive injuries sustained by the victims had been inflicted by the second group who attacked them, reports Breaking News.
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