Dublin plumber who headbutted man in trad music row gets suspended sentence

Dublin Circuit Criminal Court heard that the victim suffered a mild bleed on his brain after the headbutt knocked him to the ground outside the Grange pub in Deansgrange on March 17 last year.

Gavin Dennan (39) of Desmond Avenue, Dun Laoghaire was given a three-year suspended sentence after he pleaded guilty to assault causing harm.

Judge Pauline Codd also ordered Dennan to pay the victim €1,000 as a token of remorse, adding that if the victim is unwilling to accept this, the money is to go to a charity of their choice.

Judge Codd described it an “act of madness”, noting that one-punch assaults can be very serious and that Dennan was lucky not to be facing more serious charges.

She said although Dennan has no previous convictions, no history of violence and had acted totally out of character, it was often the case that people act out of character when “tanked up”.

“Things become heated unnecessarily,” said Judge Codd.

Dennan, who cooperated fully and expressed remorse and disgust at his behaviour, told gardaí that a “red mist” had come over him after a verbal argument with the other man.

A total of 10 testimonials on Dennan’s behalf were submitted to court, including from employers, voluntary groups and a local scouting organisation, speaking to his good character and integrity.

At a sentence hearing today, Garda Michael Murphy told Pieter Le Vert BL, prosecuting, that the injured party met friends in the Grange Pub on St Patrick’s Day.

The victim told gardaí later that the pub was busier than usual and Irish trad music was being played when he went to the toilet some time after 7pm.

He and Dennan had some sort of conversation about trad music in the toilets, and the victim said although he couldn’t remember exactly what was said, Dennan seemed disappointed with his views.

The victim left the pub before 10pm after drinking six or seven pints and woke up in St Vincent’s Hospital with a sore head and a lump on his lip.

The victim said he threw up and noticed blood in his vomit but was released from hospital the following morning.

He continued to vomit over the weekend and went back to hospital on Monday due to his ongoing headache.

A brain scan revealed a small bleed on the front left portion of his brain.

The victim was off work for two weeks but had trouble sleeping and had to get prescription medicine to relieve pressure on his brain.

A medical report said the victim was unsteady on his feet and struggled with memory and with certain words for a few weeks after the assault but that ultimately all of these injuries resolved and he returned to work.

The victim did not wish to file a victim impact report, the court heard.

Two women who were in the smoking area gave eye witness accounts of seeing Dennan and the victim exchanging words and having heated discussions.

Dennan, his wife and adult son were about to get into a taxi when the victim was heard shouting more verbal abuse at Dennan, who said: “I’ve had enough, fuck this.”

He then went back and headbutted the victim, who fell and hit his head off the ground.

The victim was described by witnesses as being very drunk.

Dennan told gardaí that when he encountered the victim in the toilet, he found the victim to be aggressive and abusive about the trad music that was playing.

Dennan agreed with gardaí that he was into Irish music and the victim wasn’t, but said the conversation developed into a debate about politics and history and that he felt the victim was trying to get a reaction out of him.

He said that later on, the victim was making snide remarks and called him a profanity, whereupon he lost his temper and acted without thinking.

“I should have left the scene. I’ve never behaved like this previously. I entirely regret my actions and I’m concerned that he was hospitalised. I’m disgusted with my behaviour,” Dennan told gardaí.

Garda Murphy agreed with counsel for the defence that Dennan had been very forthcoming and candid with gardaí and was filled with remorse and regret.

The prosecuting garda also agreed that Dennan is not a man who will reoffend.

Counsel handed in testimonials including from Dennan’s doctor and partner, describing a family man of exemplary character whose children rely on him for their security and happiness.

Dennan and his partner have five children, the court heard, and two of their children have additional needs.

Dennan, who is employed as a plumber for Dun Laoghaire Rathdown County Council, is the sole earner and has taken on extra work to support his family.