*The incident occurred in April 2019.
A 34-year outdated man has escaped jail for his one-punch assault at an acute psychiatric unit on “a frail and weak” 81 yr outdated affected person that left his sufferer with a mind harm.
At Ennis Circuit Courtroom, Decide Francis Comerford mentioned that he accepted that Brendan McCormack was within the throes of a psychotic episode when he punched Gearoid McHugh at round 8.30am on the acute psychiatric unit at Ennis Normal Hospital on April twenty fourth 2019.
Mr McHugh of Ballykilty, Quin, Co Clare and previously of Co Donegal who was already extraordinarily unwell previous to the assault died at Ennis Normal Hospital greater than 4 weeks in a while Could twenty eighth, 2019.
Mr McCormack pleaded responsible to the one cost of assault inflicting hurt to Mr McHugh on April twenty fourth 2019.
In his judgment, Decide Comerford said that it hasn’t been established that there was any acceleration within the loss of life of Mr McHugh because of the blow from Mc McCormack of Croke Road, Thurles and he couldn’t speculate on that concern.
Mr McHugh fell out of his wheelchair later within the morning of the McCormack assault.
Decide Comerford imposed an eight month suspended jail time period on Mr McCormack with the situation that he stay below the care of his native psychological well being providers and keep away from unlawful medicine and alcohol.
After Decide Comerford concluded his sentence, Mr McCormack requested “can I am going dwelling now?” and in reply Decide Comerford mentioned “sure”.
The court docket was informed that Irish military veteran, Mr McHugh was being handled for Huntington’s illness, dementia and psychosis throughout his hospital admission and had been admitted to the acute psychiatric unit in Ennis on April thirteenth 2019.
In her put up mortem, Asst State Pathologist Dr Margaret Bolster discovered that the reason for loss of life for Mr McHugh was bronchial pneumonia sophisticated by neuro degenerative illness and traumatic mind harm with persistent subdural haemorrhage as a result of a fall.
Counsel for the State, Lorcan Connolly BL mentioned that Mr McHugh had a really in depth mind tumour that carried a grim prognosis.
Mr McCormack was solely within the acute psychiatric unit three hours earlier than the assault after being introduced there by Gardai as an involuntary admission.
The one eye witness account from a affected person said that Mr McCormack hit Mr McHugh so arduous on the aspect of the face “that he practically lifted him off the bottom”.
A psychiatric report carried out on Mr McCormack in August 2022 decided that on the morning of the assault Mr McCormack was present process an acute psychotic episode and “didn’t know what he was doing was unsuitable and was not conscious of the doable penalties on the time”.
The deluded Mr McCormack on the time informed a nurse after the assault that he assaulted Mr McHugh as a result of he thought was a paedophile.
There was no fact to that declare and the 2 males weren’t identified to one another earlier than the assault.
Decide Comerford mentioned that Mr McHugh had two sisters residing in Co Clare on the time and “they thought their brother would have been in a spot the place he would have been secure and as an alternative he suffered an assault and that will have brought about them misery”.
The 2 sisters have since died and Decide Comerford said that Mr McCormack struck a really arduous blow in opposition to a “frail and weak” 81 yr outdated man inflicting him to fall. Decide Comerford mentioned that the assault had left Mr McHugh with a mind harm.
Decide Comerford mentioned that the assault was “a really important” Part 3 assault inflicting hurt case however added “I can’t put it on the high degree”.
Decide Comerford mentioned that he didn’t consider there could be any justice in imposing a direct custodial sentence.
The decide mentioned that Mr McHugh’s vulnerability was the first aggravating issue within the case.
By way of mitigation, Decide Comerford said that there was no premeditation, no weapon and was a single blow.
Decide Comerford mentioned that Mr McCormack had pleaded responsible and had proven regret for his actions “and does remorse the hurt he did”
Decide Comerford mentioned that psychological dysfunction was on the core of the case and that Mr McCormack was within the throes of a psychotic episode when the assault occurred.
