A man caused a significant facial injury to a woman after he struck her accidentally while she was trying to get her partner away from a fight.
It was accepted that William O'Keeffe, aged 50, had not intentionally hit the woman, with a witness telling gardaí that O’Keeffe swung his arms as he was surrounded by a group of people and he "did not go out of his way to hit the woman".
O’Keeffe, of Woodford Road, Clondalkin, Dublin 22, pleaded guilty at Dublin Circuit Criminal Court to one count of affray at Batchelor’s Walk, Dublin, on 31 January 2022.
He has 13 previous convictions, mostly for road traffic matters.
O’Keeffe and his wife had been out to dinner on the evening in question when an altercation broke out with a group of younger people. It escalated and the older couple ultimately walked away, but the group followed them and the row started up again.
The court heard that during the course of the second interaction, O'Keeffe was knocked unconscious for about eight minutes.
Passing sentence, Judge Orla Crowe said the woman was "an utterly blameless innocent person" who had not been involved "in any shape or form at all".
She acknowledged that O’Keeffe pleaded guilty to an affray but added she had been given a detailed and clear account of what had occurred before the woman was struck.
Judge Crowe noted that the woman had "a very significant injury to her face" which later required plastic surgery and she has been left with a vertical scar from her lower chip to her chin.
She noted from her victim impact report that the injury had "a profound impact" on her.
She acknowledged that O’Keeffe had written a sincere and "strong letter of remorse" in which he indicated that he will feel guilty for the rest of his life.
Judge Crowe set a headline sentence of three years.
She then imposed a term of two years which she suspended in full on condition that O’Keeffe pay the woman a further €5,000 within six months.
The court heard that O’Keeffe previously had €10,000 in court for the woman.
At an earlier hearing, the court heard that in the early hours of the morning in question, O’Keeffe and his wife encountered a group of two couples, and an altercation between the men took place.
O’Keeffe punched the two men and then left the area with his wife. The group of two men and their partners then followed O’Keeffe to Merchant’s Arch in Dublin, where they continued to fight.
O’Keeffe was then hit on the back of the head by one of the men and was knocked unconscious for up to eight minutes.
O’Keeffe managed to get to his feet and swung out to hit one of the men, but instead struck the partner of one of the men. It was at this stage that a larger group of passers-by got involved, and O’Keeffe was knocked to the ground and kicked.
The court heard that both the gardaí and ambulance services arrived.
The injured woman had a large visible gash on her face and was bleeding profusely.
The woman required plastic surgery and had two broken teeth.
O’Keeffe was arrested by appointment and entered a guilty plea on the trial date after a proposal was accepted. He also brought €10,000 to court as a token of remorse to the injured woman.
A victim impact statement was handed into the court but not read aloud.
Philipp Rhan, SC, defending, told the court that CCTV footage showed his client tried to leave the Quays area after the first initial encounter, but was followed the group of two men and two women.
The garda agreed with counsel that O’Keeffe was struck to the back of the head by one of the men from the group and was unconscious on the ground for approximately eight minutes.
Mr Rhan told the court that when his client regained consciousness and got to his feet, he began to swing his arms as he was surrounded by a group of people, and a witness told gardaí that O’Keeffe "did not go out of his way to hit the woman".
Counsel said his client works as a taxi driver and has a €10,000 bank draft in court for the woman injured in the altercation, which is a significant amount of money for him.
The court was informed that the woman is happy to accept the money as a token of remorse.
Mr Rahn handed a letter of apology from O’Keeffe into the court, outlining his remorse and deep regret for his actions on the night in question.
Letters from O’Keeffe’s wife and children were also submitted to the court.
He asked the court to give his client full credit for his guilty plea, which he suggested should be treated as an early guilty plea, along with the remorse shown in his form of €10,000.
