Man (25) who kicked victim five times in head in front of garda avoids jail
Cork Circuit Criminal Court heard that Jake Kelly Wilmot of College Drive, College Manor in Cobh, Co Cork, punched a man to the ground at West View in his hometown on May 14th, 2022.
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Garda Lorraine Manning said in evidence that Garda Shay Dempsey noticed that a young man was chasing a person in Cobh. Garda Dempsey was in a patrol car and activated the blue lights and siren.
When the garda got to the man, he noticed that another man, Jake Kelly Wilmot, was at the scene. Mr Kelly Wilmot closed his fist and hit the man who was being chased. The man fell to the ground.
Garda Manning said that Garda Dempsey identified himself as a member of An Garda Síochána.
'Mr Kelly Wilmot then kicked the gentleman on the ground five times in the head. Garda Dempsey ran towards them, but the men ran away, leaving the injured man on the ground.'
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The court heard that the victim needed stitches and staples following the assault on his person. He suffered a minor brain bleed and is still very impacted by what occurred to him.
Defence barrister, Paula McCarthy BL, said that her client was experiencing certain mental health difficulties when he carried out the offending behaviour.
He now volunteers with Penny Dinners and is in full employment. Ms McCarthy said that Mr Kelly Wilmot had brought €10,000 in compensation to court for the victim.
Ms McCarthy stated that her client had undertaken an anger management course and cognitive behavioural therapy to address his issues. She said he was very remorseful for his behaviour.
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Since the incident, he has set up his own company and carried out charity work. He also plans to give talks about what occurred to young men in a bid to stop others from following in his footsteps.
Judge Helen Boyle read a copy of the victim impact statement that had been submitted to the court. She told Mr Kelly Wilmot that he was fortunate not to be facing far more serious charges, given the gravity of the offence.
'You (the accused) are very lucky you did not kill this young man or cause him serious injury. You could have been before a different court facing a very difficult future.
'In mitigation, you pleaded guilty, you saved the victim coming to court, you were co-operative with gardaí, and you paid the victim €10,000 as a tangible token of your remorse.
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You are working, you completed volunteer courses and an anger management programme.'
She added that the offence had really 'upset' the victim. She noted that he had also suffered a stamp laceration and a bruised kidney arising out of the incident.
'It changed his life. He lost his job. He has PTSD. He won't forget it. He thinks about it every day.'
Judge Boyle imposed a three-year sentence, which she fully suspended.
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