Ireland Case No. 16898Assault causing serious harm · Co. Tipperary
Man sentenced over Upperchurch assault as victim describes lasting injuries
On 27 June 2021 in Upperchurch, County Tipperary, Ross Whelan was assaulted and suffered a serious brain injury that required surgery to remove part of his skull. Patrick Burke (21) of Roskeen, Drombane was arrested on 16 July 2021 and charged with violent disorder and assault causing serious harm to Whelan, while seven others charged with affray pleaded guilty to that offence. Burke pleaded not guilty at Nenagh Circuit Court, and after a five-day trial a jury returned a unanimous guilty verdict on both counts, reported on 7 June 2024. On Friday 14 June 2024 he was sentenced to four years in prison, with two years suspended for two years on conditions, which is the latest development.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court4 Jun
- Convicted7 Jun
2 reports - Sentenced14 Jun
4 reports
reportedhappened, not reportedlatest stagenot yet
Key facts
consolidated from all reports- What happened
- A witness told the court that Burke punched Whelan in the left eye.
- The judge said the assault went much further than a one-punch assault and that Whelan was punched again while unconscious.
- Whelan suffered a serious brain injury, with small bleeds on the brain and a fractured temporal bone, according to the victim.
- Cause
- A witness described the incident as a brawl involving a group of people.
- Where
- The assault took place in the village of Upperchurch, County Tipperary.
- When
- The assault took place on 27 June 2021.
- Investigation
- Gardaí asked the pub proprietor for CCTV footage from the bar, and Burke was arrested on 16 July 2021.
- Charges
- Burke was charged with violent disorder and with assault causing serious harm to Ross Whelan, and seven others were charged with affray and all pleaded guilty.
- In court
- Burke pleaded not guilty at Nenagh Circuit Court, offered a plea to affray in place of violent disorder, and the State rejected that offer.
- After a five-day trial, the jury deliberated for two hours and three minutes and returned a unanimous guilty verdict on both counts, and the judge granted Burke bail.
- Sentence
- On 14 June 2024 Burke was sentenced to four years in prison at Nenagh Circuit Court, with two years suspended for two years on conditions including attending Probation Services and anger management and addiction services.
- The judge said the suspension was granted because Burke accepted the jury's verdict and his guilt, and a charge of violent disorder was taken into account at sentencing.
- Other details
- Whelan was in a coma for ten days, was intubated, spent a further two weeks in ICU, and had a section of his skull removed to allow his brain to expand, with a titanium plate fitted.
- In a victim impact statement, Whelan said he had to take a year out of college, was not allowed to drive, could not return to sport, and has continuing anxiety and depression.
- Burke had no previous convictions, and the judge said he is a young man with a medical condition.
72 statements extracted from the articles
- whatThe jury was told the injured party suffered a serious brain injury as a result of the incident. (tipperarylive.ie)
- whatRoss Whelan had an injury to the left-hand side of his face and swelling on the back of his head on arrival at hospital. (tipperarylive.ie)
- whatA scan showed small bleeds on Whelan's brain and a neurology consultant advised he would require surgery. (tipperarylive.ie)
- whatSurgeons removed a section of Whelan's skull to allow his brain to expand. (tipperarylive.ie)
- whatWhelan had to take a year out of college, was not allowed to drive and could not return to sport. (tipperarylive.ie)
- whatA witness told the court Burke punched Whelan in the left eye. (tipperarylive.ie)
- whatBurke was found guilty of assault causing serious harm in Upperchurch. (tipperarylive.ie)
- whatPatrick Burke was found guilty of assault causing serious harm. (tipperarylive.ie)
- whereThe incident took place in Upperchurch, County Tipperary. (tipperarylive.ie)
- whereThe incident took place in the village of Upperchurch, County Tipperary. (tipperarylive.ie)
- whereThe assault took place in Upperchurch, County Tipperary. (tipperarylive.ie)
- whereThe assault took place in Upperchurch. (tipperarylive.ie)
- whenThe charges relate to events on 27 June 2021. (tipperarylive.ie)
- whenThe incident took place on 27 June 2021. (tipperarylive.ie)
- whenThe assault took place on June 27, 2021. (tipperarylive.ie)
- whenThe assault took place on 27 June 2021. (tipperarylive.ie)
- whenThe assault took place on June 27, 2021, in Upperchurch. (tipperarylive.ie)
- whenThe assault took place in June 2021. (tipperarylive.ie)
- investigationGardaí asked the pub proprietor for CCTV footage from the bar. (tipperarylive.ie)
- investigationBurke was arrested on July 16, 2021. (tipperarylive.ie)
- chargeBurke is charged with assault causing serious harm and violent disorder. (tipperarylive.ie)
- chargePatrick Burke was found guilty of violent disorder and of assault causing serious harm to Ross Whelan. (tipperarylive.ie)
- chargePatrick Burke was charged with violent disorder and assault causing serious harm to Ross Whelan. (tipperarylive.ie)
- chargeSeven others were also charged with affray and all have pleaded guilty to it. (tipperarylive.ie)
- chargeBurke was charged with violent disorder and with assault causing serious harm on Ross Whelan. (tipperarylive.ie)
- chargeBurke was charged with violent disorder and with assault causing serious harm to Ross Whelan. (tipperarylive.ie)
- chargeBurke was charged with violent disorder and assault causing serious harm. (tipperarylive.ie)
- chargeA charge of violent disorder was taken into account. (tipperarylive.ie)
- courtBurke pleaded not guilty at Nenagh Circuit Court to both charges. (tipperarylive.ie)
- courtBurke offered a plea to the lesser offence of affray in place of violent disorder. (tipperarylive.ie)
- courtThe State rejected the offer of a plea to affray. (tipperarylive.ie)
- courtThe trial was ongoing and set to continue over the following week. (tipperarylive.ie)
- courtThe jury delivered a verdict of guilty on both counts at Nenagh Circuit Court. (tipperarylive.ie)
- courtThe prosecution applied for the defendant to be remanded in custody pending sentencing. (tipperarylive.ie)
- courtThe judge granted the defendant bail. (tipperarylive.ie)
- courtThe jury found Burke guilty on both counts at Nenagh Circuit Court. (tipperarylive.ie)
- courtThe trial lasted five days and the jury deliberated for two hours and three minutes. (tipperarylive.ie)
- courtThe judge granted Burke bail before sentencing. (tipperarylive.ie)
- courtA jury found Burke guilty on both counts at Nenagh Circuit Court. (tipperarylive.ie)
- courtThe trial lasted five days, and the jury deliberated for two hours and three minutes before returning a unanimous verdict. (tipperarylive.ie)
- courtThe judge said the suspension was granted because Burke accepted the jury's verdict and his guilt. (tipperarylive.ie)
- courtThe judge said the assault was not a one-punch assault. (tipperarylive.ie)
- courtA jury at Nenagh Circuit Court found Burke guilty on both counts. (tipperarylive.ie)
- courtThe jury deliberated for two hours and three minutes before returning a unanimous verdict. (tipperarylive.ie)
- courtThe sentencing hearing was held at Nenagh Circuit Court. (tipperarylive.ie)
- sentenceSentencing is to take place on Friday, June 14. (tipperarylive.ie)
- sentenceSentencing was set for Friday, June 14. (tipperarylive.ie)
- sentenceBurke was given a four-year sentence, with two years suspended for two years on conditions. (tipperarylive.ie)
- sentenceBurke was sentenced to four years in prison at Nenagh Circuit Court on Friday, 14 June 2024. (tipperarylive.ie)
- sentenceA charge of violent disorder was taken into account at sentencing. (tipperarylive.ie)
- sentenceBurke received a four-year sentence, with two years suspended for two years on conditions. (tipperarylive.ie)
- sentenceThe judge said the suspension was because Burke had accepted the jury's verdict and his guilt. (tipperarylive.ie)
- sentenceBurke was sentenced to four years in prison. (tipperarylive.ie)
- sentenceTwo of the four years were suspended for two years on conditions including attending Probation Services and anger management and addiction services. (tipperarylive.ie)
- sentenceBurke was given a four-year sentence, with two years suspended for two years. (tipperarylive.ie)
- sentenceThe suspension was conditional on attending Probation Services and anger management and addiction services. (tipperarylive.ie)
- otherThe judge said the defendant is a young man with a medical condition. (tipperarylive.ie)
- otherRoss Whelan spent ten days in a coma and a further two weeks in ICU. (tipperarylive.ie)
- otherBurke had no previous convictions. (tipperarylive.ie)
- otherRoss Whelan was in a coma for ten days and had a titanium plate fitted in his skull. (tipperarylive.ie)
- otherRoss Whelan told the court he wishes he could return to his normal self before his brain injury. (tipperarylive.ie)
- otherThe victim was in a coma for ten days and had a titanium plate fitted in his skull. (tipperarylive.ie)
- otherThe judge said the assault went much further than a one-punch assault. (tipperarylive.ie)
- otherThe victim said his life had changed completely since the assault. (tipperarylive.ie)
- otherThe judge said the suspension was because Burke accepted the verdict and his guilt. (tipperarylive.ie)
- otherThe judge said the assault was not a one-punch assault and the victim was punched again while unconscious. (tipperarylive.ie)
- otherWhelan was in a coma for ten days after the assault. (tipperarylive.ie)
- otherWhelan said his life had changed immeasurably since the assault. (tipperarylive.ie)
- otherThe victim delivered a victim impact statement in court. (tipperarylive.ie)
- otherThe victim said he was left intubated and in a coma for ten days. (tipperarylive.ie)
- otherThe victim said the assault caused a bleed on the brain and a fractured temporal bone. (tipperarylive.ie)
- otherThe victim said he has a severe traumatic brain injury and continuing anxiety and depression. (tipperarylive.ie)
The reporting
newest first- 20 Jun2024'I can no longer do what other 21-year-olds do,' Tipperary assault victim tells court
Reports the sentencing of Patrick Burke at Nenagh Circuit Court, including the victim impact statement from Ross Whelan. The article gives only the month and year of the incident.
convicted, Patrick Burke, 21, male, named, irish (judged from name)Patrick Burkevictim, Ross Whelan, male, irish (judged from name)Ross Whelan - 19 Jun2024Assault occurred after a large group of fit and young hurlers gathered in Tipperary village
Adds the sentence (four years, two suspended for two years), conditions of the suspension, the jury verdict, the charge of violent disorder taken into account, the victim impact statement and the judge's remarks.
victim, Ross Whelan, 21, male, irish (judged from name)Ross Whelanconvicted, Patrick Burke, 21, male, named, irish (judged from name)Patrick Burke - 14 Jun2024'I wish that I could just return to my normal self,' says Upperchurch assault victim
Reports the June 14, 2024 sentencing at Nenagh Circuit Court. Adds the jury verdict details, the sentence terms and conditions, the judge's remarks, the victim's injuries and impact statement, and Burke's lack of previous convictions.
convicted, Patrick Burke, 21, male, named, irish (judged from name)Patrick Burkevictim, Ross Whelan, 21, male, irish (judged from name)Ross Whelan - 14 Jun2024BREAKING: Tipperary man handed four-year prison sentence for Upperchurch assault
Adds the sentencing details: four years with two suspended on conditions, the jury verdict and trial length, the victim's injuries and impact statement, the judge's remarks, and the accused's lack of previous convictions. Gives the incident date as 27 June 2021.
convicted, Patrick Burke, 21, male, named, irish (judged from name)Patrick Burkevictim, Ross Whelan, 21, male, irish (judged from name)Ross Whelan - 12 Jun2024'There were bodies everywhere,' Witness describes brawl that led to assault in Upperchurch
Reports the jury's unanimous guilty verdicts on both counts after a five-day trial at Nenagh Circuit Court, with witness evidence, the defence account and the victim's memory loss. Sentencing was set for Friday, June 14, and bail was granted. Seven others charged with affray had pleaded guilty.
convicted, Patrick Burke, 21, male, named, irish (judged from name)Patrick Burkevictim, Ross Whelan, male, irish (judged from name)Ross Whelan - 7 Jun2024BREAKING: Jury in Upperchurch assault trial deliver verdicts of guilty on both counts
Reports the jury verdict of guilty on both counts (violent disorder and assault causing serious harm), the bail decision and the sentencing date. The existing record is a sentencing report, and this article predates it.
convicted, Patrick Burke, 21, male, named, irish (judged from name)Patrick Burkevictim, Ross Whelan, irish (judged from name)Ross Whelan - 4 Jun2024Court hears Upperchurch assault victim suffered a serious brain injury
Reports the Nenagh Circuit Court trial in progress: the jury was told of a serious brain injury, Burke pleaded not guilty to both charges, offered a plea to affray which the State rejected, and the trial was set to continue. The existing case records a later sentence.
accused, Patrick Burke, 21, male, named, irish (judged from name)Patrick Burkevictim, Ross Whelan, male, irish (judged from name)Ross Whelan