Man jailed for kicking a teenager off an e-scooter and punching him several times

Eimear Dodd

A man kicked a teenager off an e-scooter and then punched him several times on a busy Dublin street, a court has heard.

Graham Kinsella (21) of Liscarne Gardens, Clondalkin, Dublin 2 pleaded guilty to assault causing harm on May 19th 2024.

He was handed a sentence of two years, with the final six months suspended on strict conditions.

Dublin Circuit Criminal Court heard that the 18-year-old injured party was travelling by e-scooter on the boardwalk beside the River Liffey when he became aware that he was being followed by another e-scooter, which Kinsella was driving.

The injured party continued onto Liffey Street, where Kinsella kicked him off the e-scooter.

He fell onto construction railings and was then assaulted in the busy street.

Kinsella punched him several times during the attack and told the injured party to “get out of town”.

A co-accused, who is still before the courts, then stabbed the injured party.

The injured party fled the area and heard Kinsella shouting after him, “you're not getting the electric scooter back”.

The victim spent several days in the hospital, with the court hearing that Kinsella was not responsible for the puncture wounds sustained by the injured party.

CCTV of the incident was played to the court. Kinsella was seen leaving the area on an e-scooter, with a co-accused using a second e-scooter.

Kinsella was identified from CCTV.

He told gardaí when interviewed that he had been assaulted in Dublin City Centre several days before this incident by a third party, whose scooter was identical to the injured party's.

He admitted kicking the injured party off the scooter and giving him “a few thumps”.

Kinsella also identified himself on CCTV footage. He told gardaí he had no knowledge of a knife or that it was used.

No victim impact statement was provided to the court, which also heard that the injured party made a full recovery. Kinsella has no previous convictions, but has come to adverse garda attention since this incident.

The investigating garda agreed with Marc Thompson-Grolimund BL, defending, that his client made admissions when interviewed.

It was further accepted that Kinsella's guilty plea was of value to the prosecution, and his expressions of remorse are genuine.

The garda agreed with defence counsel's suggestion that Kinsella is a “work in progress” with counsel noting that his client is addressing his issues with drugs.

Mr Thompson-Grolimund noted that it is aggravating that individuals in the city centre would have been “quite seriously shocked or petrified by this carry-on” in the city centre.

He said this assault was “randomised” and “indiscriminate”, with his client “focused on the scooter”, having himself been the victim of an assault, but added this was not a justification for his actions.

Counsel said his client has made efforts to address his drug issues, but has been smoking cannabis to deal with anxiety. He suggested Kinsella requires assistance to address his drug issues and to mature.

Kinsella is not working, but has been trying to find employment. He is staying away from people he associated with at the time, counsel added.

Judge Elva Duffy said Kinsella's focus appeared to be on the e-scooter, more than on the individual driving it. She added that this was unprovoked, noting there was “absolutely no justification” for the violence.

She said the CCTV made for “poor and shocking viewing” and involved a “level of lawlessness which was hard to watch”.

The judge also noted that the assault occurred on a busy street, narrowed by construction work, and would have been terrifying for members of the public to witness.

She said Kinsella was on a “revenge mission” as he followed the injured party, then instigated the assault. She said the court noted that Kinsella is not responsible for the serious injuries sustained by the victim.

Having considered Kinsella's personal circumstances and the mitigation, Judge Duffy said it was the court's view that an immediate custodial sentence was required.