Two men who attacked another man outside a chip shop in Dublin have each been handed a two-year suspended jail sentence.
Elliot Naughton (25) of Grand Canal Place, James's Street, Dublin and John Kenny (22) of Lissadel Rd, Drimnagh pleaded guilty before Dublin Circuit Criminal Court to assaulting Damien McEntee causing him harm at Gino's Take Away, South Circular Road on January 22nd, 2006.
The victim later lost consciousness on the way to St James's Hospital and suffered seizures in the emergency department.
The court heard Mr McEntee had a pre-existing head wound from a road accident in 1996 which, along with the fresh impact to his head from the assault, had caused the seizures.
Judge Anthony denounced what he called "this trend in modern society for violence to be used as a first resort".
Judge Hunt ordered Naughton and Kenny to each pay €1,000 compensation to their victim and told them to stay away from Mr McEntee for the three years of the suspension or their sentences would be activated after noting that the victim feared they might come after him again.
Naughton had nine previous convictions and Kenny had six but neither had come to garda attention since this incident.
Counsel for Naughton said this was his client's "first violent crime" but accepted that he had behaved badly in returning to the scene with "reinforcements".
Kenny's counsel said his client had drink taken on the night and wrongly believed his friend had been assaulted.