A Kilkenny man who smashed another in the head with a rock, fracturing his skull, was given a six-year sentence for the assault, with the final three years conditionally suspended, at the Central Criminal Court yesterday.
The extent of the injuries sustained by Paul Barry (34), Ossory Park, required both his legs to be amputated after they were burned in a fire.
Thomas O'Grady (24), Fatima Place, was found not guilty on two counts of attempted murder and one of causing serious harm to Mr Barry following a two-week trial last year.
He had previously served two years and 10 months in jail after being found guilty of the more serious charges, which were then overturned by the Court of Criminal Appeal.
Mr Justice Henry Abbott described O'Grady's crime as "a gratuitous attack on a person who was a friend of his" and said no evidence had been advanced of any provocation. He noted that the head injury had led to a blood clot, which could have led to Mr Barry dying or being left permanently disabled.
Referring to the other injuries Mr Barry sustained that night when he burned his legs, the judge noted that O'Grady had been found not guilty of that charge. He said the court could not take these injuries into account under any circumstances. The head injury was towards the lower end of the scale of assault causing serious harm, he said.
In a victim impact report, Mr Barry said he associated his head injury with forgetfulness and possible deafness. He was not in court yesterday.
The attack happened in a field at Pennesfatherslot, Kilkenny, on October 9th, 1999, where O'Grady and Mr Barry had been sharing beer with a number of other acquaintances. A serious argument arose when Mr Barry was accused of having HIV.
He was left alone with O'Grady and received what he called "a belt with a rock on the side of the head". Despite having drunk more than 14 large cans of lager, Mr Barry recalled being in considerable pain.
After passing out for an hour, he awoke to find his feet in a bonfire. He was discovered by ambulance personnel covered in blood, badly burned and naked except for a pair of underpants.
The final three years of the six-year sentence handed down to O'Grady were suspended by Mr Justice Abbott on condition he not appear intoxicated in public or in private or under the influence of drugs. He must also stay away from the victim and his family, and not go within a 400m radius of his victim's house.
The judge noted submissions from Anthony Sammon SC, defending, that O'Grady had suffered sexual abuse at the age of 10 and had later suffered abuse in an institution that he ordered remain nameless.
He also took into account O'Grady's young age of 18 at the time of the attack, and noted he was now the father of twin babies who were still in hospital.