"Everyone is entitled to one mistake" says judge as he hands down suspended sentence

BigJackC

Source: PA WIRE

A NIGHTCLUB REVELLER whose unprovoked attack left the victim with head injuries and a broken jaw has avoided jail after a judge told him everybody was entitled to “one mistake”.

Ajibola Ajala (22) of Hunter Place, Hunterwood, Tallaght, Dublin pleaded guilty at Dublin Circuit Criminal Court to assault causing harm to Gary Doran at the Wright Venue nightclub in Swords on 17 December 2011.

Ajala rained punches down on Mr Doran after the victim ran to the assistance of his brother Ian during a violent attack in the nightclub.

Mr Doran told Judge Patrick McCartan that as a result of a fracture to his jaw caused by the assault he still suffered continuous discomfort and pain.

After examining images of the victim’s bloody head injuries the judge told Ajala that he didn’t accept the injuries were caused by a fist, as Ajala told gardaí.

He asked Patrick Jackson BL, defending: “How does your client explain how he inflicted these injuries? He managed to open his skull with a punch? Ah come on”.

Judge McCartan told the victim that he couldn’t put right the wrong done to the victim and that the court’s options were limited.

He said Ajala had never been in trouble before and had come to Ireland from his native Nigeria at the age of 15, alone and in very difficult circumstances.

This is the one mistake he has made. If I send him to prison now his life and prospects are gone. Everyone is entitled to one mistake. I don’t see any great value in putting him in prison.

He told Mr Doran that not jailing the Dublin father-of-two wasn’t an indication that he didn’t think it was a serious case.

http://www.thejournal.ie/swords-wright-venue-nightclub-attack-2563378-Jan2016/

http://www.independent.ie/irish-news/courts/everyone-is-entitled-to-one-mistake-nightclub-reveller-whose-unprovoked-attacked-left-man-with-broken-jaw-avoids-jail-34388295.html

Punching someone in the head repeatedly and leaving them with head injuries and a broken jaw is not a "mistake". It's a very violent assault. I wonder would the good judge be so forgiving if it was his son on the end of such a violent altercation.

Can the DPP appeal such a lenient sentence?

Continued pain and discomfort. Should sue him instead of relying on inept judges to actually put a violent offender in jail. I remember nightlife in Ireland always felt a bit unsafe.. Is it better, the same or worse lately?

Amazingfun

He said Ajala had never been in trouble before and had come to Ireland from his native Nigeria at the age of 15, alone and in very difficult circumstances.

Awww, then that's alright. Lucky Ireland to have such a stellar immigrant land here.

Nodin

Amazingfun wrote: »

Awww, then that's alright. Lucky Ireland to have such a stellar immigrant land here.

I thought the problem people had was supposed to be the leniency for a first offence (a well known principle), but it seems theres another issue entirely lurking under the surface.

Deleted User

Deleted User wrote: »

Continued pain and discomfort. Should sue him instead of relying on inept judges to actually put a violent offender in jail. I remember nightlife in Ireland always felt a bit unsafe.. Is it better, the same or worse lately?

The civil case would be heard by a Judge.

And of course suing an immigrant? I'd probably advise him to burn his money first, he'd get some warmth out of it that way at least.

A strange comment and think the DPP should appeal, if it was one punch or an "even" fight you'd say maybe no jail given the guilty plea, but the Judge suspected an implement was used. Hard to pick the logic out if it.

Nodin

Deleted User wrote: »

The civil case would be heard by a Judge.

And of course suing an immigrant? I'd probably advise him to burn his money first, he'd get some warmth out of it that way at least.

A strange comment and think the DPP should appeal, if it was one punch or an "even" fight you'd say maybe no jail given the guilty plea, but the Judge suspected an implement was used. Hard to pick the logic out if it.

He was fined 5000 to be paid to the victim, as well, which the OP didn't mention, and is on suspended sentence for two years. Also there was video evidence and no mention of a visible implement at any rate. Not having seen or knowing the extent of the wounds to the head its hard to tell what the judge saw, but I would add that its surprisingly easy to split the scalp with a fist or elbow.

FTA69

Nodin wrote: »

I thought the problem people had was supposed to be the leniency for a first offence (a well known principle), but it seems theres another issue entirely lurking under the surface.

There's first offences and there's first offences. Battering someone to the point you break their jaw and cause them lasting injuries is a bit different from shoplifting or not paying your parking fines. There should be zero tolerance for violent crime of this magnitude.

Also completely aside from this case, I would contend that migrants who commit serious crimes of violence or some such should be deported. I'm not referring to silly things like traffic or being caught with cannabis or anything but things like violent crime, housebreaking etc should mean your right to residency is revoked.

haveringchick

FTA69 wrote: »

There's first offences and there's first offences. Battering someone to the point you break their jaw and cause them lasting injuries is a bit different from shoplifting or not paying your parking fines. There should be zero tolerance for violent crime of this magnitude.

Also completely aside from this case, I would contend that migrants who commit serious crimes of violence or some such should be deported. I'm not referring to silly things like traffic or being caught with cannabis or anything but things like violent crime, housebreaking etc should mean your right to residency is revoked.

I'm sure the defendant is an Irish citizen.
We don't give people citizenship conditionally
Once it's given that's it
Anything else would be ridiculous

Amazingfun

haveringchick wrote: »

I'm sure the defendant is an Irish citizen.
We don't give people citizenship conditionally
Once it's given that's it
Anything else would be ridiculous

Uh, why?

Cee-Jay-Cee

Hang on now, he ran to the assistance of his brother who was subject to a violent attack, obviously at the hands of Doran. Any details on that assault? Doran doesn't sound entirely innocent in the whole incident and it's not like he was some innocent bystander and probably deserved what he got. He mightn't be as quick to be involved in attacks himself in the future.

Edit: I misread the article, it was Dorans brother that was attacked. I retract the above comment.

FTA69

haveringchick wrote: »

I'm sure the defendant is an Irish citizen.
We don't give people citizenship conditionally
Once it's given that's it
Anything else would be ridiculous

That's why I said "completely aside from this case"

maudgonner

Cee-Jay-Cee wrote: »

Hang on now, he ran to the assistance of his brother who was subject to a violent attack, obviously at the hands of Doran. Any details on that assault? Doran doesn't sound entirely innocent in the whole incident and it's not like he was some innocent bystander and probably deserved what he got. He mightn't be as quick to be involved in attacks himself in the future.

I think it was Doran's brother who was being attacked, if I read it correctly?

iebamm2580

read again cee-jay

FTA69

Cee-Jay-Cee wrote: »

Hang on now, he ran to the assistance of his brother who was subject to a violent attack, obviously at the hands of Doran. Any details on that assault? Doran doesn't sound entirely innocent in the whole incident and it's not like he was some innocent bystander and probably deserved what he got. He mightn't be as quick to be involved in attacks himself in the future.

No, Doran ran to the assistance of his brother and was them assaulted. Read the article before slandering the victim.

The_Valeyard

[Deleted User] wrote: »

The civil case would be heard by a Judge.

And of course suing an immigrant? I'd probably advise him to burn his money first, he'd get some warmth out of it that way at least.

A strange comment and think the DPP should appeal, if it was one punch or an "even" fight you'd say maybe no jail given the guilty plea, but the Judge suspected an implement was used. Hard to pick the logic out if it.

I do think the DPP should appeal. One punch can and sometimes does kill.

Little CuChulainn

Amazingfun wrote: »

Uh, why?

Because you'd be creating two classes of citizen. Those born with it and those who earn it. And only one of those could lose it.

Cee-Jay-Cee

maudgonner wrote: »

I think it was Doran's brother who was being attacked, if I read it correctly?

I stand corrected, I read it wrong.

Amazingfun

Little CuChulainn wrote: »

Because you'd be creating two classes of citizen. Those born with it and those who earn it. And only one of those could lose it.

Losing the privilege of citizenship of a country you're a guest in- due to committing serious violent crime or the like- seems entirely sensible.

A people who valued themselves and their country might even find the attaching of such a condition to citizenship desirable.....

enricoh

Wonder what the outcome would be if the roles were reversed, I'd say the Irish lad would be getting jail for breaking the Nigerian lads jaw

anewme

Cee-Jay-Cee wrote: »

Doran doesn't sound entirely innocent in the whole incident and it's not like he was some innocent bystander and probably deserved what he got. He mightn't be as quick to be involved in attacks himself in the future.

Deserved what he got?

He witnessed 4 men pulling and groping his cousin and got her out of that situation. He went to the aid of his brother who was being assaulted and then was violently assaulted himself in an unprovoked attack?

And yet you say he probably got what he deserved?

Victim blaming at its best.

How is the guy supposed to pay the 5000? He's 22, 2 kids, no job.

Sounds like a great guy altogether.

Nigerias loss is Ireland's gain!

If it were the other way round, it would be a big scandal, racist attack etc.

Nodin

The_Valeyard wrote: »

I do think the DPP should appeal. One punch can and sometimes does kill.

Jail for one punch now?

(Usually its the fall that kills btw)

keeponhurling

Does it mean that everybody gets a free shot at splitting somebody's skull ?

An eye for an eye makes the whole world blind, as they say - I don't think the judge should be encouraging these types of vicious assaults (in my opinion).

And that's not me being racist or anything

Icemancometh

So if I have this right, the victim can now go and find his attacker, beat him in a similar way, and his judge will have no problem with that. Everybody gets one right? I wonder who I'll use my free assault on?

FTA69

Nodin wrote: »

Jail for one punch now?

Why not? Depending on the context it could have a terrible effect on someone.

Now, I've had more digs in the face than hot dinners and thus getting a slap wouldn't be the end of the world for me at all, but for many getting assaulted is extremely traumatic.

A lad I was in college with was one such fella, a very quiet and generally nervous chap. He was walking home in Cork City from visiting someone one evening and someone pucked him clean into the face on South Main Street, knocking him down. Completely and utterly unprovoked attack. The poor bastard was terrified to leave the house for days and was genuinely traumatised by the whole experience.

Violent crime is not always a "boys will be boys" scenario and there should be zero tolerance for it.

Nodin

FTA69 wrote: »

Why not? Depending on the context it could have a terrible effect on someone.

Now, I've had more digs in the face than hot dinners and thus getting a slap wouldn't be the end of the world for me at all, but for many getting assaulted is extremely traumatic.

A lad I was in college with was one such fella, a very quiet and generally nervous chap. He was walking home in Cork City from visiting someone one evening and someone pucked him clean into the face on South Main Street, knocking him down. Completely and utterly unprovoked attack. The poor bastard was terrified to leave the house for days and was genuinely traumatised by the whole experience.

Violent crime is not always a "boys will be boys" scenario and there should be zero tolerance for it.

At some time in the far future maybe. As it is, a smack in the gob ending up in jail would cause more chaos than the housing crisis.

Nodin

Nodin wrote: »

He was fined 5000 to be paid to the victim, as well, which the OP didn't mention, and is on suspended sentence for two years. Also there was video evidence and no mention of a visible implement at any rate. Not having seen or knowing the extent of the wounds to the head its hard to tell what the judge saw, but I would add that its surprisingly easy to split the scalp with a fist or elbow.

Thanks, that puts a bit more context around it. The "entitled to one mistake" comment was perhaps poorly thought out though.

Nodin

keeponhurling wrote: »

Does it mean that everybody gets a free shot at splitting somebody's skull ?

An eye for an eye makes the whole world blind, as they say - I don't think the judge should be encouraging these types of vicious assaults (in my opinion).

And that's not me being racist or anything

No, perfectly fair enough. Truth is his race is irrelevant to whether or not he should enjoy the sights and smells of the joy. Given cases I've read of this would seem to fall outside jail time for me before most judges. If he'd danced on yer man when he was on the ground as often happens I'd imagine a dimmer view would be taken of it.

jackofalltrades

Nodin wrote: »

Jail for one punch now?

There's been loads of cases where someone has been seriously injured or died from one punch.
Do you think there should be a two/three punch minimum?

(Usually its the fall that kills btw)

You say it like it's a totally unrelated event to being knocked unconscious.

keeponhurling

Nodin wrote: »

He was fined 5000 to be paid to the victim, as well, which the OP didn't mention, and is on suspended sentence for two years. Also there was video evidence and no mention of a visible implement at any rate. Not having seen or knowing the extent of the wounds to the head its hard to tell what the judge saw, but I would add that its surprisingly easy to split the scalp with a fist or elbow.

€5,000 is really not that much.
If somebody offered me €5k to break my jaw and beat in my skull, I'd definitely decline. Can't speak for the judge.

A suspended sentence is like a warning to not do it again

Nodin

Deleted User wrote: »

Thanks, that puts a bit more context around it. The "entitled to one mistake" comment was perhaps poorly thought out though.

A rare anecdote - at one time I had so many staples in my head I couldn't count them. For ages I would sneeze at night and hear an odd sound just after - I eventually discovered that was one or more staples flying out and hitting the floor. Six is bugger all.

Nodin

jackofalltrades wrote: »

There's been loads of cases where someone has been seriously injured or died from one punch.
Do you think there should be a two/three punch minimum?

You say it like it's a totally unrelated event to being knocked unconscious.

How many people do you think went out to kill somebody with one punch, directly or otherwise?

keeponhurling wrote:

If somebody offered me €5k to break my jaw and beat in my skull

He had his scalp opened. It can be done by a blow to the top of the head quite easily, with a fairly spectular looking amount of blood but little actual damage resulting. 6 staples is six stitches, roughly. Being a hurler, you've probably seen a lot more of that kind of thing than me.

Nobody is saying this is a nice thing here, but in terms of what usually results in jail time, its on the lower end of the scale and I'm suprised it even got news coverage.

The Irish fellow who put his brother in a coma in Oz with one punch avoided jail, he got a 13 month suspended sentence.

EazyD

Nodin wrote: »

A rare anecdote - at one time I had so many staples in my head I couldn't count them. For ages I would sneeze at night and hear an odd sound just after - I eventually discovered that was one or more staples flying out and hitting the floor. Six is bugger all.

Story said 9. I find it hilarious that you seem to equate the severity of the punishment to the number of stitches in the victims head, strange logic there.

Nodin

EazyD wrote: »

Story said 9. I find it hilarious that you seem to equate the severity of the punishment to the number of stitches in the victims head, strange logic there.

Severity of the punishment would logically be linked to the severity of the beating.

EazyD

Nodin wrote: »

Severity of the punishment would logically be linked to the severity of the beating.

Are you a physician or doctor? The severity of a head injury is not detirmined by the number of stitches needed, blunt trauma to the head can manifest other problems later in life.

PucaMama

Nodin wrote: »

How many people do you think went out to kill somebody with one punch, directly or otherwise?



He had his scalp opened. It can be done by a blow to the top of the head quite easily, with a fairly spectular looking amount of blood but little actual damage resulting. 6 staples is six stitches, roughly. Being a hurler, you've probably seen a lot more of that kind of thing than me.

Nobody is saying this is a nice thing here, but in terms of what usually results in jail time, its on the lower end of the scale and I'm suprised it even got news coverage.

Why are you so set on defending him?

darkpagandeath

Nodin wrote: »

At some time in the far future maybe. As it is, a smack in the gob ending up in jail would cause more chaos than the housing crisis.

Works fine in Aus 1 punch attacks can be lethal.

keeponhurling

Nodin wrote: »

He had his scalp opened. It can be done by a blow to the top of the head quite easily, with a fairly spectular looking amount of blood but little actual damage resulting. 6 staples is six stitches, roughly. Being a hurler, you've probably seen a lot more of that kind of thing than me.

.

In hurling it's now mandatory to wear a helmet in all matches at all levels.

Unfortunately for the victim here, helmets weren't mandatory in the night club

Nodin

EazyD wrote: »

Are you a physician or doctor? The severity of a head injury is not detirmined by the number of stitches needed, blunt trauma to the head can manifest other problems later in life.

No evidence of skull fracture, no mention of concussion.......

darkpagandeath

darkpagandeath wrote: »

Works fine in Aus 1 punch attacks can be lethal.

They can be lethal here too!

Oz has one punch laws. But as we saw in the case of the Irish fellow, they don't seem to make much of a difference nor do they seem to add greatly to the outcome.

EazyD

Nodin wrote: »

No evidence of skull fracture, no mention of concussion.......

That clears that up, had a feeling you were talking through your ringpiece.

Nodin

PucaMama wrote: »

Why are you so set on defending him?

I thought I was defending the logic of the sentence meself. It seems nothing out of the ordinary.

PucaMama

Nodin wrote: »

I thought I was defending the logic of the sentence meself. It seems nothing out of the ordinary.

He is a violent thug who assaulted a man for no reason. He deserves a stronger sentence.

Nodin

PucaMama wrote: »

He is a violent thug who assaulted a man for no reason. He deserves a stronger sentence.

In the greater scheme of things, the judge doesn't think so and I agree. Certainly the way the law is currently applied the sentence doesn't appear inconsistent to the best of my knowledge. Compensation is being paid, there is a suspended sentence, so its not without penalty.

jackofalltrades

Nodin wrote: »

How many people do you think went out to kill somebody with one punch, directly or otherwise?

Yeah I'm not going to go to the bother of answering your questions when you ignore mine.
There are people out there, who by size or training, can cause serious injury or even death with one punch.

cajonlardo

Nodin wrote: »

I thought the problem people had was supposed to be the leniency for a first offence (a well known principle), but it seems theres another issue entirely lurking under the surface.

Nothing is below the surface.

People wish the do gooders, mis-informed and dreamers and the people who are in the immigration business for personal gain would just cop on and concentrate on the welfare of Irish Communities.

PucaMama

Nodin wrote: »

In the greater scheme of things, the judge doesn't think so and I agree. Certainly the way the law is currently applied the sentence doesn't appear inconsistent to the best of my knowledge. Compensation is being paid, there is a suspended sentence, so its not without penalty.

I have an idea if the assault was the other way around you wouldn't be so understanding. I wonder why.

Azalea

enricoh wrote: »

Wonder what the outcome would be if the roles were reversed, I'd say the Irish lad would be getting jail for breaking the Nigerian lads jaw

It would be seen as racially motivated (even if it wasn't) I'd bet.

Then again though, violent attacks full stop often seem to be bafflingly leniently sentenced in this country.

yosser hughes

Judges are doing everything they can to avoid handing out custodial sentences. There is a pattern and it seems to be applied to not just first offenders but also to people with numerous convictions.
This is because of a lack of prison space and that is a disgraceful reason not to hand out tougher sentences.
We need to build more prisons and privatise this f needs be. There is no real reason the state has to run the prisons with the additional public sector pay costs that go with it.
Build prison and privatise and start giving harsher sentences.

It won't happen because people are afraid to take what they see as a right wing position.
We need to get real.

PucaMama

yosser hughes wrote: »

Judges are doing everything they can to avoid handing out custodial sentences. There is a pattern and it seems to be applied to not just first offenders but also to people with numerous convictions.
This is because of a lack of prison space and that is a disgraceful reason not to hand out tougher sentences.
We need to build more prisons and privatise this f needs be. There is no real reason the state has to run the prisons with the additional public sector pay costs that go with it.
Build prison and privatise and start giving harsher sentences.

It won't happen because people are afraid to take what they see as a right wing position.
We need to get real.

Yes, privatise them. And make them working prisons. Make them actually earn the free food and shelter. And the money they make can go into the prison.

Nodin

cajonlardo wrote: »

Nothing is below the surface.

People wish the do gooders, mis-informed and dreamers and the people who are in the immigration business for personal gain would just cop on and concentrate on the welfare of Irish Communities.

This is all, like the post you reference, irrelevant to the sentence.