A COUNTY Fermanagh man has been handed a suspended prison sentence for a “classic single-blow” attack, which had catastrophic consequences for the male victim.
Christopher Paul Black (30), from Tattygare Park, Lisbellaw, originally denied unlawfully and maliciously inflicting grievous bodily harm, but later changed his plea, on the basis he acted in self-defence.
Dungannon Crown Court heard that during the early hours of July 7, 2019, police patrolling The Diamond area of Enniskillen were flagged down by a member of the public.
They discovered the victim unconscious and bleeding from his nose and mouth.
A witness provided a description of Black as the attacker, and police enquiries commenced.
Meanwhile, the victim was taken to hospital, where he was found to have sustained a bleed on the brain, and fractures to his skull, cheek and eye socket.
He remained critically ill for some time.
Black was arrested at his home. During interview, he claimed he acted in self-defence, and felt under threat from the victim.
Judge Brian Sherrard QC said CCTV footage of the incident: “Shows an exchange in which the injured party is undoubtedly an active participant. He is seen squaring up to the defendant.
"There is a physical exchange in which the injured party is pushed away, but comes back to the defendant, who has momentarily walked away.
"The injured party places an arm around the defendant’s neck, who punches once without connecting, then again, connecting.”
A defence lawyer agreed the matter was serious and pointed to a reference from his client’s employer which “paints a picture of a young man desperate to try to put this incident behind him".
He continued: "It would be remiss of me not to acknowledge the serious consequences suffered by the complainant on the fateful evening in question.
"My client expresses remorse and regret over what unfolded that night. He bitterly regrets his involvement with the complainant, and wishes him a full recovery.”
The defence stressed the self-defence element and reminded the court of indications the victim had alcohol and drugs in his system at the time.
While conceding Black has a relevant record for affray that resulted in an 18-month suspended sentence, he said: “It dates back some time. There doesn’t appear to be any suggestion my client has a taste for violence.”
Judge Sherrard described the case as: “Clearly a one-punch incident which has had catastrophic consequences ... Great harm has been sustained.
"The victim spent two months in hospital. I am mindful of the costs to the victim’s extended family and those who care for him, in an emotional and practical manner.”
This was balanced against: “A relatively positive report from the victim’s neurological consultant, which gives me considerable hope his situation could improve.”
The judge held Black’s culpability was low, with little or no pre-meditation, and the case “falls into the category of excessive self-defence, or being very gravely provoked".
He added: "This was a classic single-blow case. There was no way the defendant could have predicted the outcome, but nevertheless, that was the outcome.”
Addressing Black directly, Judge Sherrard stated: “This appears to have been an aberration ... This court will want to look at deterrent sentences, because the gravitas of these offences is not simply their impact on the individuals concerned, but society as a whole.
"Deterring young men from entering into violent exchanges is an important role of this court.”
While ruling the custody threshold was met, Judge Sherrard decided to suspend the 15 months prison sentence imposed for three years.
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