Prison sentence for young man convicted of assault in toilets of Kilkenny pub

A man has received a prison sentence after an assault in the toilets of a Kilkenny pub.

Shane Delaney (27) of Fr Murphy Square, Kilkenny, appeared before Kilkenny District Court charged with assault causing harm under Section 3 of the Non-Fatal Offences Against the Person Act, 1997.

The incident in question took place at Brogan’s Yard, John’s Street, Kilkenny on December 22, 2023.

The court previously heard that on the night in question, Mr Delaney called the injured party into the toilets of the pub.

Security staff then heard “a loud bang” and went in to find the other man unconscious. He was subsequently taken to hospital, where he received treatment for his injuries.

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Solicitor Ed Hughes, representing the accused, said that a probation report that had been handed over to Judge Geraldine Carthy was “very detailed”.

He said that his client had shown “significant insight” into the incident in question during his engagement with the Probation Service.

Mr Hughes told the court that Mr Delaney had had an issue the night before and “just wanted to talk” with the injured party.

He added that his client blames alcohol for the incident and has an accurate assessment of what he should’ve done, which was walk away.

He said that Mr Delaney has had difficulties with “adverse attention” from An Garda Síochána, having previously served a prison sentence.

However, Mr Hughes claimed that his client had made “huge strides” to turn his life around.

Mr Delaney was willing to offer the injured party compensation, and whilst he didn’t have the funds to do so at the time of the court sitting, could have €500 to offer in two months.

Mr Hughes handed Judge Carthy a letter from Mr Delaney’s employer, which was described as a “positive reference”.

He said that the accused was highly regarded by his colleagues and has a high work-rate, despite not finishing school.

Mr Hughes added that his client suffers from mental health issues and ADHD.

He detailed a “serious incident" that occurred recently in which Mr Delaney fell into a “deep depression”.

However, he seems to be “coming around” and despite what was described as “one blip”, he is trying to improve himself.

Mr Hughes said that his client’s partner had broken up with him recently and this triggered a decline in his mental health.

The solicitor concluded by pleading with the judge to be as lenient as possible, suggesting that a suspended sentence would be appropriate.

However, Judge Carthy insisted that the offence that Mr Delaney was charged with was “very serious”.

She argued that the probation report was inaccurate in that it said that Mr Delaney had entered a guilty plea. She noted that the sentencing had been delayed by several weeks due to the accused’s failure to appear in court.

Judge Carthy said that she didn’t think community service was appropriate because of Mr Delaney’s lack of engagement with the court and Probation Service.

She also considered the “stark” Victim Impact Statement of the injured party, who had been traumatised by the incident.

She said that her “back was against the wall” in light of these factors.

After formally convicting Mr Delaney, Judge Carthy sentenced him to nine months in prison.

Mr Hughes said that he would be lodging an appeal on behalf of his client against the severity of the sentence.

The accused was subsequently released on bail, pending the outcome of the appeal.