AN attack by a business student on another young man in Cork city centre during which the victim was punched, kicked and stamped on 250 times was described as “animalistic behaviour” in court.
The attack, which was captured on CCTV and mobile phone footage, was so vicious that during the 20-minute period that some attending the Cork Circuit Criminal Court last May had to look away during a viewing of the incident.
Darragh McLoughlin, 23, of Richmond Hill, Cork was caged for four years leading to the case returning to The Court of Criminal Appeal sitting in Cork today.
The Director of Public Prosecutions appealed the sentence on the grounds that it was too lenient given the seriousness of the attack on the victim, who received more than 50 kicks into his face.
Imelda Kelly, Senior Counsel appearing for the DPP, told the three judges of the appeals court that the headline sentence in such a case was 10 years.
Dean Kelly, senior counsel appearing for McLoughlin, said the assault was shameful, disgusting and unacceptable but his client was extremely remorseful and ashamed.
Judge Jonathan Dunphy who imposed the sentence in the Circuit Criminal Court last May said it was nothing short of a miracle that the injuries were not life-threatening.
The judge said a section of video played in court which lasted just over a minute, using the victim’s own phone in recorded audio McLoughlin “instructs him to put his hands down so that he can kick him in the skull unprotected. I counted 14 kicks to the head in that.
“He can be seen stripping some clothing off the injured party. He leaves and returns to continue the assault.”
Prosecuting barrister Emmet Boyle told the court that more than 50 of the blows consisted of kicks in the face.
He said: “The total number of blows, strikes, stamps or kicks totalled 250.”
In his victim impact statement, read by Detective Garda Joe Crowley, the victim said it was undoubtedly the worst day of his life and he was still trying to fill in the gaps in his memory of what happened. He still has nightmares and flashbacks.
The three judges Ms Justice Tara Burns, Mr Justice Patrick McCarthy and Mr Justice Michael MacGrath reserved their decision which they will deliver in the Court of Criminal Appeal in Dublin.
