Youth stamped on man’s head eight times, court told

A man had his head stamped on eight times after he witnessed a row in Dublin city-centre, a court has heard.

Scott Cunningham (18), from Kilbarron Park, Coolock, Dublin is charged with assault causing harm to the man in his 20s at Westmoreland Street on September 8th.

The youth claims he acted in self-defence, Dublin Children’s Court heard.

He was a juvenile at the time of the alleged attack but has since reached adulthood and Judge Denis McLoughlin held the youth should be tried in the circuit court which has tougher sentencing powers.

The teenager was ordered to appear again at the Children’s Court on January 23rd to be served with a book of evidence and returned for trial.

In an outline of the prosecution case, Garda Frank Johnson told Judge McLoughlin it was alleged the youth “and a number of others” were on O’Connell Street where they became involved in row.

The man intervened and was told to go away and was then punched. At Westmoreland Street he was hit again, knocked to the ground and it was alleged the defendant “was observed stamping on his head eight times”.

The man was hospitalised and a medical report on his injuries was handed in to court.

Defence solicitor Gareth Noble made submissions pleading for the case to be retained in the juvenile court. He said it was a very serious incident but the teen would say he acted in self-defence.

The DPP had recommended youth’s case should be sent to the higher court but the defence were allowed argue against that under Section 75 of the Children Act, because the youth was a juvenile at the time.

This part of legislation gives the juvenile court discretion to accept jurisdiction for a serious offence by factoring in the defendant’s age and level of maturity.

Mr Noble said his client had problems such as a lack of education and training. His father was hugely supportive and he was a minor when the incident happened, the lawyer said.

He also pointed out the Children’s Court has a wide range of sentencing options and it retaining jurisdiction does not lessen the seriousness of the case.

He also said it would also lead to speedier trial whereas it could be up to a year before it would be fully dealt with in the circuit court.

Mr Noble also asked the judge to note that the complainant did not suffer any long-term injuries. However, Judge McLoughlin refused jurisdiction.

The youth is the second person to be charged over the assault.