Assault victim does not want his attacker to be sent to jail

A man who admitted an assault in which the victim sustained a bleeding to the brain and a broken nose is to be sentenced later today.

Friday, 6th July 2018, 5:00 pm
Updated Monday, 16th July 2018, 5:13 pm
The man appeared at Londonderry Magistrates Court

Derry Crown Court heard the victim does not want his attacker, 20-years-old student Jack Bergin, sent to jail.

Bergin, of Cypress Grove, pleaded guilty to causing grievous bodily harm to the man in the early hours of June 16, 2016.

He also admitted assaulting a second man occasioning him actual bodily harm.

The victim of the more serious assault sustained bleeding to his brain and a broken nose; lacerations to his forehead and nose as well as abrasions to his chin and to the tip of his nose.

Another man sustained a laceration to his lip and the inside of his mouth.

The court heard that the incident occurred outside Sugar Nightclub in Shipquay Street when on e of the victims lifted Bergi’ns girlfriend and starting spinning her around.

The defendant punched one of the victims once on the upper lip and struck the second victim several times to the head.

The man fell face first onto the road and Bergin jumped over him and ran away.

The victim who sustained the more serious injuries stated in a Victim Impact Report he did not want Bergin jailed.

He said: “It would be difficult for me having something like that on my conscience, in that I could personally set back someone’s life and change it forever.”

The court was also informed that Bergin had no previous convictions.

Defence barrister Eoghan Devlin said Bergin’s behaviour on this night stemmed from his jealousy and were “an attempt to impose his machismo”

He described the incident as a snapshot of the worst period of Bergin’s life.

Mr. Devlin added: “There was a rush of blood to his head. This was a terrible incident, there is no getting away from that. In so many of these cases we have seen where somebody has been punched to the ground and that is followed by kicking and punching when they are on the ground. That was not the case in this incident which lasted for about half a minute.”

Judge Elizabeth McCaffrey said the victim’s sentiments “are an extremely generous approach given the content of his Medical Report”.

However, the judge said it was an appalling incident.

“There is no getting away from that and it is really by good luck or by the grace of God, whichever you believe, that these two injured parties did not sustain more serious injuries”, she said.

Judge McCaffrey adjourned sentencing until later this morning to allow her to read several character references submitted by the defence.

Bergin was released on continuing bail.