Man must pay €15,000 for breaking Offaly man's jaw with one punch at house party

A man who broke another man's jaw in Shinrone has been ordered to pay €15,000 to the victim.

Along with the compensation order, Judge Keenan Johnson imposed a three-year suspended sentence on James Hayes (23), Gallen View, Ferbane, for an assault outside a house party in Shinrone on December 11, 2022.

Mr Hayes pleaded guilty in October last year to assaulting Oisin Keeshan, causing him harm, and the accused was in Tullamore Circuit Court again this week for sentencing where Judge Keenan Johnson was told he had €1,000 for the victim.

Details of the assault were outlined to the court by Garda Declan Ganly who said Mr Keeshan had been out socialising in Shinrone with friends at an 18th birthday party and left a pub at about 1.30am.

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In his own statement to the gardai Mr Keeshan said he then went to a party at a friend's house. There were between 10 and 15 people present and at one stage Mr Keeshan was told a friend was outside involved in an argument but when he went out he saw it was not his friend.

Then James Hayes came up to him and said “I'm James” and pushed the victim. Both men knew each other and had grown up together.

According to Mr Keeshan, Mr Hayes seemed to be somewhat irrational and later when the victim was going up the Birr Road with friends he saw the accused man in an argument with a female.

Mr Keeshan said he was told by Mr Hayes “Don't look at me” and then Mr Hayes pushed him and punched him in the face to the ground.

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There was blood on Mr Keeshan's hoodie and when he got home he put frozen peas on his face but the next morning his jaw was still sore so he went to hospital in Nenagh where a broken jaw was diagnosed and he then underwent surgery in Limerick hospital where plates had to be inserted.

Garda Ganly said a statement by another witness, John Ryan, said he and Mr Keeshan saw Mr Hayes arguing with a female.

The assault, which was unprovoked, was a right hook “fairly square into the face”, according to Mr Ryan's statement and Mr Hayes ran off afterwards.

Garda Ganly said Mr Hayes attended voluntarily at Birr Garda Station on April 24, 2023 and in an interview he said the injured party had come out at the house party and was shouting for a man called James.

Mr Hayes said he thought Mr Keeshan was referring to him and admitted hitting the victim but said he had been pushed himself first.

Mr Hayes said he hit the other man with one punch but did not want him to get hit and no words had been exchanged between them.

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There was no longer any bad blood between the two parties, the statement said. The accused man said Mr Keeshan had tried to punch him first.

Judge Johnson commented that the narrative of the accused was not supported at all by the victim or the other witness.

He also noted that Mr Hayes had told his probation officer later that the victim had thrown a punch at him.

Kevin White, BL, prosecuting (instructed by Sandra Mahon, Offaly State Solicitor), said that a medical bill for Mr Keeshan of €80, plus another one of between €65 and €75, had been paid by Mr Hayes. The court also heard Mr Hayes had no previous convictions.

Mr Keeshan was not present in court because he had final college examinations but his victim impact statement was read.

In it, the victim said the assault had changed the course of his life and resulted in him having to give up the sport he was talented at, kick boxing.

He had to have reconstructive surgery and his mouth had to be wired shut for two months. Because of the insertion of screws he could not talk, eat or sleep normally while he was recovering and there was an impact on his mental health.

He could not eat solid foods or talk clearly and taking the screws out afterwards was “also excruciating”.

“The impact this has had on my mental health has been immeasurable. I fell into a slump.”

He missed his own 21st birthday celebrations, had to delay his apprenticeship and could not carry out his relevant duties at work because he was unable to wear PPE.

He remained wary about going out and would always scan a room and keep his guard up if he was waiting for someone.

Even around friends he was tense when going out and the trauma kept him on edge, even after two years.

Defence counsel David Nugent (instructed by Tony McLynn, solicitor) said Mr Hayes had grown up without incident, played with a local club and was now involved in coaching there.

Mr Nugent said the case before the court was one where drink was involved and the accused man had apologised and was unaware at the time of the consequences of his actions.

He now rarely drank and when he did it was not much. He accepted how he reacted on the night was wrong.

Asked by Judge Johnson about the accused's claim that he was punched or pushed by the victim, Mr Nugent said alcohol had clouded Mr Hayes' memory and judgement and he believed at the time what he told the probation officer was true.

Mr Nugent added that Mr Hayes himself had suffered anxiety afterwards and had received in-patient psychiatric treatment.

He had brought €1,000 as a “token” for the victim and Mr Nugent said he told the man that the court would be deciding to increase that amount.

He worked as a sales representative for a telecoms provider and earned about €38,000 a year. A father of one child, a one-year-old daughter, he had to pay the rent for the apartment he was sharing with his partner, who was at home caring for the child.

Announcing his sentence, Judge Johnson said the maximum penalty for the offence was five years but since it had been committed that had been increased to 10 years.

The judge said the attack was unprovoked and the result of excessive drinking on Mr Hayes' part.

“The law is quite clear, that if you drink to excess you have to accept responsibility for the natural and probable consequences of your actions,” he said.

He described a broken jaw as an extremely nasty injury and in the case of Mr Keeshan it had ended his involvement in the sport he had a passion for and affected his work.

“It's regrettable that assaults of this nature are far too prevalent,” he added, saying the court had to send out a message to society.

He described €1,000 of compensation as wholly inadequate but was “a start”.

The offence was at the upper end of assault causing harm so before mitigation it would attract a four-and-a-half-year sentence.

The early plea of guilty, co-operation with the gardai and an expression of remorse were mitigating factors so he sentenced him to three years, suspended on condition €15,000 be paid to the victim, in addition to the €1,000.

He adjourned further consideration of the matter to Friday, March 14 for what he called “concrete proposals” from the accused on the compensation.

Shortly afterwards defence counsel Mr Nugent told the court Mr Hayes would undertake to pay the full amount within two years, in two instalments of €7,500 each.

In the event he was able to get a bank loan he would pay all of the compensation in October.

Judge Johnson adjourned the matter to October 7 next, saying it would be preferable if a loan could be obtained so the full amount could be paid then.