DPP appeals leniency of sentence for student who struck man 250 times in 20 minute attack

Olivia Kelleher

The DPP has appealed for leniency a four year sentence which a 22 year old student received for punching, kicking and stamping another man 250 times in a twenty minute attack in Cork.

The Court of Appeal sitting in Cork on Monday heard that Darragh McLoughlin of Richmond Hill, Cork pleaded guilty to assault causing serious harm to the other man at Paul Street in Cork on October 18th, 2022.

In a sentencing hearing in Cork Circuit Criminal Court in May of last year Judge Jonathan Dunphy said it was nothing short of miraculous the victim had not suffered life-threatening injuries.

Judge Dunphy sentenced McLoughlin to 6 and a half years with two and a half years suspended.

CCTV

At the sentencing hearing the court was shown a CCTV recording of the assault in which McLoughlin confronted the injured party on Paul Street in Cork.

He wrestled him to the ground before beginning a sustained assault on him. The court heard there had been some bad blood between the men.

Detective Garda Joe Crowley said gardaí had counted 250 separate blows – either punches, kicks or stamps – by McLoughlin on the injured party.

Judge Dunphy noted at the sentencing hearing that many people in court looked away when the CCTV footage of the assault was played. He said that McLoughlin himself could not bring himself to watch it.

McLoughlin had used the victim’s own phone to record a 77-second section of the assault. The phone also had audio on the attack in which he could be heard ordering the injured party to stop protecting himself.

“He instructs him to put his hands down so he can kick him in the skull unprotected. I counted 14 kicks to the head in that,” said Judge Dunphy, adding the victim sustained 50 kicks to the face.

The victim suffered multiple fractures of the right eye socket and fractures of nasal bones, and was left with double vision and what was described as an ongoing deformity as a result of the attack.

Attack

Today at the Court of Appeal the DPP appealed the sentenced handed down to Mr McLoughlin on the basis of undue leniency.

Imelda Kelly, Senior Counsel said that the DPP believed the sentence imposed was too low even when mitigating factors such as the guilty plea were taken in to consideration.

Ms Kelly said that the attack was ferocious, persistent and prolonged and comprised of punches, kicks and stamps and over 250 blows.

She said that other aggravating factors included the dragging of the victim on the ground, telling the man to remove the arm from his face when it was his only protection and the use of demeaning language.

Dean Kelly, SC, said that’s his client Mr McLoughlin felt “abject shame” for what had occurred and described his own behaviour as “animalistic, shameful and appealing". He said that the suspended two and a half years in the case would be activated in full if McLoughlin became involved in anything resembling drunken behaviour after his release from prison.

The three judges Ms Justice Tara Burns, Mr Justice Patrick McCarthy and Mr Justice Michael MacGrath reserved their decision which they will deliver in the Court of Criminal Appeal in Dublin. The date for the appeal decision has yet to be set.