Ireland Offaly man avoids assault conviction after compensation and charity payments
On 23 December 2022, Sean Gilmartin (21), of Luganiska, Co Offaly, was ejected from a licensed premises in Tullamore and then assaulted Thomas Dolan, causing him harm, and Stephen Malone, attempting to cause him bodily harm. On 18 October 2023 at Tullamore District Court, Gilmartin pleaded guilty to both assaults, and Judge Andrew Cody ordered him to pay €5,000 to charity and adjourned sentence to 25 October 2023 for a victim impact report. Later in October 2023, the charges were struck out on condition the incident could be referred to in future prosecutions, with no conviction recorded, after €10,000 was directed to the two victims and the National Rehabilitation Hospital.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court18 Oct
- Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- Sean Gilmartin punched Thomas Dolan in the face, causing injuries to the face and nose.
- Sean Gilmartin assaulted Stephen Malone, attempting to cause him bodily harm.
- Other details
- Thomas Dolan's nose was fractured.
- According to the victim impact statement, Thomas Dolan made a full recovery but was very traumatised.
- Where
- The assaults occurred outside the Bridge House in Tullamore, Co Offaly.
- When
- The assaults happened on 23 December 2022, after Gilmartin had been ejected from a licensed premises that day.
- Cause
- The defence said the offence was caused by drunkenness, while the judge said the attack was unprovoked.
- Investigation
- The incident was recorded on CCTV, and Gilmartin's attitude to the gardaí afterwards was described as very poor.
- In court
- Sean Gilmartin, a university student with no previous convictions, pleaded guilty at Tullamore District Court before Judge Andrew Cody.
- The judge ordered a victim impact report from Thomas Dolan.
- Charges
- Gilmartin pleaded guilty to assaulting Thomas Dolan, causing him harm, and assaulting Stephen Malone, attempting to cause bodily harm.
- Sentence
- On 18 October 2023 the judge ordered Gilmartin to pay €5,000 to charity and adjourned sentence to 25 October 2023.
- The judge directed €2,000 to Thomas Dolan, €3,000 to Stephen Malone and €5,000 to the National Rehabilitation Hospital from the €10,000 brought to court.
- The charges were struck out on condition the incident could be referred to in future prosecutions, so no conviction was recorded; one report is dated 26 October 2023 and another says 31 October 2023.
22 statements extracted from the articles
- whatGilmartin punched Thomas Dolan in the face, causing injuries to the face and nose. (offalyexpress.ie)
- whatGilmartin assaulted Stephen Malone, attempting to cause bodily harm. (offalyexpress.ie)
- whatSean Gilmartin pleaded guilty to assaulting Thomas Dolan, causing him harm, and assaulting Stephen Malone, attempting to cause bodily harm. (offalyexpress.ie)
- whereThe assault happened in Tullamore. (offalyexpress.ie)
- whereThe assaults occurred outside the Bridge House in Tullamore. (offalyexpress.ie)
- whenGilmartin had been ejected from a licensed premises on 23 December. (offalyexpress.ie)
- whenThe assaults happened on December 23 of the previous year. (offalyexpress.ie)
- causeThe offence was caused by drunkenness, according to the defence. (offalyexpress.ie)
- causeDefence said the offence was caused by drunkenness. (offalyexpress.ie)
- causeThe judge said the attack was unprovoked. (offalyexpress.ie)
- investigationThe incident was recorded on CCTV. (offalyexpress.ie)
- courtJudge Andrew Cody heard the case at the local District Court. (offalyexpress.ie)
- courtGilmartin had no previous convictions. (offalyexpress.ie)
- courtThe judge adjourned sentence to October 25. (offalyexpress.ie)
- courtThe judge ordered a victim impact report from Thomas Dolan. (offalyexpress.ie)
- sentenceJudge Cody asked for €5,000 to be paid to charity by Gilmartin and adjourned sentence to 25 October. (offalyexpress.ie)
- sentenceJudge Cody ordered a victim impact report from Thomas Dolan. (offalyexpress.ie)
- sentenceThe judge directed €2,000 to Thomas Dolan, €3,000 to Stephen Malone and €5,000 to the National Rehabilitation Hospital from the €10,000 brought to court. (offalyexpress.ie)
- sentenceThe charges were struck out on condition the incident could be referred to in future prosecutions. (offalyexpress.ie)
- otherThomas Dolan's nose was fractured. (offalyexpress.ie)
- otherAccording to the victim impact statement, Thomas Dolan made a full recovery but was very traumatised. (offalyexpress.ie)
- otherSean Gilmartin was a marketing management student at the University of Limerick. (offalyexpress.ie)
The reporting
newest first- 26 Oct2023Offaly man escapes assault conviction after making big compensation and charity payments
Court outcome at Tullamore District Court: charges struck out on condition the incident can be referred to in future prosecutions, with no conviction recorded. Earlier hearing adjourned sentence to 25 October and ordered a victim impact report. Payments were €2,000 to Thomas Dolan, €3,000 to Stephen Malone and €5,000 to the National Rehabilitation Hospital.
accused, Sean Gilmartin, 21, male, named, irish (judged from name)Sean Gilmartinvictim, Thomas Dolan, male, irish (judged from name)Thomas Dolanvictim, Stephen Malone, male, irish (judged from name)Stephen Malone - 18 Oct2023Judge tells Offaly university student to donate €5,000 to charity following assault in Tullamore
Reports the court hearing: Gilmartin was ordered to pay €5,000 to charity, sentence was adjourned to 25 October 2023, and a victim impact report was ordered from Thomas Dolan. The article also gives Gilmartin's Luganiska address, that he was a university student, and that he had no previous convictions.
accused, Sean Gilmartin, 21, male, named, irish (judged from name)Sean Gilmartinvictim, Thomas Dolan, male, irish (judged from name)Thomas Dolanvictim, Stephen Malone, male, irish (judged from name)Stephen Malone