A college student who struck a man in Cork City centre who then fell backwards and suffered a brain injury has received a four-year suspended sentence.
Louis Herdman (22), of River’s Edge, Clash Road, Cork appeared before Cork Circuit Criminal Court for sentencing today. He had pleaded guilty to intentionally or recklessly causing serious harm to James Dunford (21) on February 8th, 2024, at the Grand Parade in Cork City.
Judge Dermot Sheehan heard that young men on a work night out and students celebrating their win in a rugby match had got involved in an altercation on the night in question. Mr Dunford was with college friends after a match and Herdman was out with co-workers from his part-time job.
Det Garda Bryan Murphy said that “unfortunately the two groups of people tangled.” He said that Herdman punched the injured party three times.
READ MORE
“The third punch was the punch that knocked him backwards, resulting in him falling back and hitting his head off the floor, causing not all of the injuries but causing the most serious injuries.”
Mr Dunford spent 15 days in hospital in the aftermath of the incident – some of it in an induced coma.
Defence barrister Jane Hyland said her client was remorseful for his actions. He accepted responsibility for what had occurred and brought €20,000 in compensation to court for the injured party.
In a victim impact statement Mr Dunford said his life had completely changed in the aftermath of the incident.
“My life and future is now one of medical visits, financial and general uncertainty. A lot of unknowns – my career, earning potential, my relationships, epilepsy, fear of certain environments. I’m always going to have a brain injury and this is always going to affect me and everyone who loves me.”
Mr Dunford said he can no longer play rugby or pursue his passion for GAA in the aftermath of the incident.
“I can’t even cycle a bicycle at the moment through medical advice. A knock to the head can have me back in the brain trauma unit in CUH.
He said his medical team have told him he will always have a brain injury and told him his sense of taste and smell are lost forever.
“The psychological fallout is much worse, and the reason I lie awake at night thinking and worrying about my future.
“Seven months after this assault, I attempted to go back to college but again this was met with challenge after challenge, between memory retention, being constantly tired and feeling extremely low mentally and physically.
“I am on medication to control seizures and again this is with me forever. Who knows what the future holds as regards epilepsy – another reason why I say that night I received a life sentence.
In sentencing, Judge Sheehan noted the mitigating factors in the case which included the lack of previous convictions of the accused, the plea of guilty and the raising of compensation. A probation service report deemed Herdman to be of low risk of re offending.
The judge said the injured party suffered “significant injuries and ongoing distressing consequences” following the incident.
He said: “I have to think of general deterrence. Young men like the accused, late at night in the city centre, have to be deterred from punching people because too often it leads to catastrophic consequences.
“On the other hand the accused was 20. I do not think that in the end society is going to benefit from the accused serving any period in custody.”
