Teenager gets 18-month sentence after admitting 'appalling' attack on 'defenceless' homeless man
The boy, who cannot be named because of reporting restrictions imposed by the court, had pleaded guilty to one count of violent disorder
A 17 year-old boy has been jailed for a year and half for carrying out a “sustained” and “vicious” attack on a homeless man in Limerick city centre.
The victim, Declan Quinlivan, was kicked and punched a total of 109 times by the boy and two others, as he lay “defenceless” on the ground, said sentencing judge, Colin Daly, at Limerick Circuit Criminal Court.
The boy, who cannot be named because of reporting restrictions imposed by the court, had pleaded guilty to one count of violent disorder.
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The completely “unprovoked” attack occurred around 5am, and lasted over five minutes, at Wickham Street, Limerick city, on May 8, 2022.
The boy, who was aged 15 at the time, along with two others aged 17 and 20, were part of a “feral group” that set upon Mr Quinlivan who was sleeping on the street.
The gang also robbed Mr Quinlivan of his mobile phone, cigarettes and a small amount of cash.
The boy and two accomplices repeatedly kicked and punched Mr Quinlivan into his head and body despite him pleading with them to “stop, please stop”, the court heard.
CCTV footage of the “appalling and protracted attack” was played in court in which Mr Quinlivan was heard pleading for mercy and telling the three males “take what ye want lads, but please, stop beating me, I beg ye”.
Judge Daly said the three accused momentarily stopped attacking Mr Quinlivan as a taxi car drove past the scene “but they returned and continued punching and kicking him”.
“The accused delivered 36 kicks and 13 punches on the victim.”
The judge added that “despite being the youngest of the three, the accused played the most significant role in it”.
“It was a cowardly attack on a homeless man who was no match for them physically and who had no friends to help him.”
“The attack was very mean and heartless and the victim can be heard pleading with them to stop.”
Prosecuting counsel told the court: “The behaviour of the three accused was feral, all three perpetrators were acting in a common design and actively participating in a violent attack on a defenceless person.”
The court heard that investigating Gardai were hamstrung in bringing further charges in relation to the assault on Mr Quinlivan as he declined to cooperate with the garda investigation.
As he was being viciously set upon by the three males, Mr Quinlivan’s shakey voice poignantly rang out in the court on the CCTV recording begging the three males “please stop, please stop, please stop”.
In court, the boy’s barrister, Yvonne Quinn, acknowledged that the attack was “appalling”. Ms Quinn said the boy was “ashamed” of his behaviour on the morning in question and he had written a letter of apology to the victim.
The judge said he was satisfied that a headline sentence of five years was appropriate. However, after taking into account the boy’s early guilty plea, expression of remorse, his previous good character, as well as a “relatively positive” probation report, the judge eventually reduced the boy’s sentence to 18 months detention at Obertstown Children’s Detention Campus, Lusk, Co Dublin.
“The accused had very high level of culpability in what was a sustained and vicious attack on a vulnerable person,” Judge Daly said.
The judge explained that a suspended sentence was not available to young persons in the circuit criminal court. He said he was “satisfied” that a community service sanction was not appropriate and that “a period of detention is necessary”.
A co-defendant Aaron Holland, (19), of Marian Road, Templemore, Co Tipperary, who also previously pleaded guilty to one count of violent disorder on the night, was given a fully suspended two-year jail sentence by Judge Tom O’Donnell, now retired, last June.
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