Man in the Midlands seriously assaulted brother in bed over 'hygiene'

A man who seriously assaulted his brother while he was in bed in 2018 has been given a suspended prison sentence following an offer of significant compensation and “exceptional mitigation”.

John Small (51), with an address in Leitrim, Coolarty, Co Longford, appeared before Judge Kenneth Connolly at Longford Circuit Court, where he had a total of €10,000 which he pledged towards his brother’s welfare.

He was originally charged with section 4 assault causing serious harm to his brother on a date between August 20 and 31, 2018, but the charge was subsequently commuted to a section 3 assault causing harm.

Mr Small’s brother, Fred, was living with the accused and his father in what Judge Connolly noted was a “somewhat dysfunctional” situation, which was “frustrating” for Mr Small, who owned the house and was “doing his best” to get his brother to care for himself in terms of hygiene.

However, one night when Fred Small was in bed, he was subjected to an assault by his brother, which he called “a few kicks in the ribs”.

His condition worsened over the following days and, on August 31, he was taken to hospital and admitted to the Intensive Care Unit. 

The accused called the ambulance, “which undoubtedly saved him from a worse fate”, Judge Connolly opined.

The injured party was incoherent in the ICU, Judge Connolly noted, and received significant stomach injuries, damage to his abdominal and chest area. 

His spleen was ruptured, he had bruises to his ribs, and was in hospital for two weeks but made a good recovery.

Taking into consideration all of the evidence, as well as such mitigating factors as a guilty plea, no previous convictions, and the stress Mr Small was under in his “de facto caring-style role”, where he “seems to have been the go to person for the entire family”, Judge Connolly sentenced him to two years and six months in prison.

However, given the “exceptional mitigation” he said he could see “no good reason for imposing that sentence with immediate effect”.

He suspended the sentence for three years and ordered Mr Small to hand over the €10,000, which will go towards the cleaning and redecorating of his brother’s current residence, as well as other care such as regular cleaning or food provisions.