A teenager is facing a Circuit Court trial accused of knocking a man unconscious and breaking his jaw with a “hammer-like blow” during an assault in Dublin.
The boy (17) was charged with assault causing harm to the 38-year-old Romanian man and production of a weapon in connection with the incident on the North Circular Road, on September 18th 2018.
He appeared before Judge Flann Brennan at the Dublin Children’s Court for a preliminary hearing to decide his trial venue. He cannot be named because he is a minor.
The Director of Public Prosecutions has recommended he should be tried in the Circuit Court which has tougher sentencing powers and Judge Brennan refused jurisdiction.
The boy was remanded on bail pending the preparation of a book of evidence.
In an outline of the allegations, Garda Colm Kelly said the victim and his friend had been sitting on a wall.
His friend got into an altercation with the boy who walked past and allegedly made a derogatory comment.
The 38-year-old told the then 16-year-old boy he had nothing to do with the initial row but the youth replied, “Your friend did”.
The court heard the teen was armed with a broken hurley and the man was dragged to the ground. The man received a number of blows to the face.
The boy struck the man with the hurling stick and stamped on his head, the court was told.
Photos of the man’s injuries were shown to the judge who also watched CCTV footage of the incident.
Garda Kelly told the court the man recalled in his statement the last thing he recalled was the boy “standing over him and receiving a hammer-like blow to the head”.
He lost consciousness and suffered a fractured jaw cut, the court heard.
Defence Sandra Frayne asked the judge to use discretion to accept jurisdiction by taking into account the boy’s age and level of maturity.
The teen had been found to have educational problems and a tendency to react badly to situations. His mother had tried her best to help him and the boy who had “extremely severe emotional and behavioural difficulties” and was referred to mental health services.
One report stated that while in school the boy had lashed out at peers and staff and was a health and safety concern. He had been found to have difficulties with comprehending, reacting and over-reacting,” the boy’s solicitor said.