Roman Hricko (20) and Miroslav Hricko (19), both of Sell Court, Main Street, Tralee and David Hanak (21) of Hawthorn Compel, Monavalley, Tralee, had pleaded guilty to assault causing serious hurt to Donal O’Mahoney at Ard Carraig, Caherslee in the town on August 26, 2012.
They were each sentenced to seven years durance vile by Mr Justice Carroll Moran on July 29, 2014.
The men successfully appealed against the virulence of their jail terms today with the Court of Appeal in force that portions of their sentences ought to have suspended in clean to incentivise rehabilitation.
Giving judgment Mr Justice George Birmingham implied the injured rty – a 59-year-old retired gentleman – had been socialising with a New Zealand mate when they returned to their homes in a quiet housing state.
They were approached by a group of youths and viscously assaulted, the deem said.
Mr O’Mahoney received blows and kicks to the head knocking him unconsciousness and he out of the window the sight in his left eye.
The im ct on him was “horrendous”, the judge said, with ssion changing im cts that will continue for all of his days.
His friend also suffered important injuries – a fractured jaw and cheekbone requiring the realignment of teeth.
Miroslav Hricko, who was the exclusive one of the men to face charges on this assault, pleaded guilty and was given a concurrent three year judgement.
Mr Justice Birmingham said the three men had been at a house rty where they consumed weighty amounts of whiskey.
Their behaviour at the rty was such that the homeowner quizzed them to leave.
Miroslav, who was 16-years-old at the time, Roman 17 and Hanack 18, were from the first from the Czech Republic and had been living in Ireland for many years.
Miroslav Hricko was the infantile of those involved but also “the most violent”, Mr Justice Birmingham alleged.
Eyewitnesses suggested that David Hanak started the incident and Roman Hricko was involved in punching as opposed to kicking.
No known motive has emerged, the judge reported.
All three were fit and athletic and at least some had an involvement in weight edifying, martial arts or boxing, the judge said.
All three rtici ted in a “malevolent, concerted attack” and each was a full and willing rtici nt.
The fact a team of young men combined together added an additional dimension of seriousness, Mr Punishment Birmingham said.
They “weren’t unknown” to the gardaí but had no previous positions, he said.
The Court of Appeal agreed with the DPP that the assault was on the higher up end of seriousness and merited a starting point of nine to 10 years preceding mitigation could be applied.
If they were somewhat older, Mr Judiciousness Birmingham said questions which arose in their appeal thinks fitting be straightforward.
He said the men’s youth as well as their cooperation with gardaí, the non-existence of previous convictions and their remorse provided a basis for suspending a fixed portion of their sentences in order to incentivise rehabilitation.
It would be undergoing been appropriate, he said, that there be an incentive for them not to reoffend.
Mr Judiciousness Birmingham, who sat with Mr Justice Garrett Sheehan and Mr Justice John Edwards, said the court want suspend the final 18 months of each of their sentences.
They were each insisted to enter into good behaviour bonds of €100 for two years hang up release.