Teenager who beat and kicked homeless man escapes suspended prison sentence

A MAN who took part in a “savage” attack on a vulnerable man in Limerick city has been released from court after being given a two-year suspended prison sentence.

The unprovoked attack by Aaron Holland (19), of Marian Road, Templemore, Co Tipperary, and two other men, was “absolutely and utterly appalling and outrageous”, the sentencing judge said, Tom O'Donnell.

Judge O'Donnell said he would not impose an immediate custodial sentence on Mr Holland because Mr Holland had pleaded guilty at the start of the case, he had no previous convictions and he was l one of the youngest attackers.

“This is a wild and cowardly outing by all three people involved, it deserves a prison sentence, but I take into account that the accused (Mr Holland) has no previous convictions and that “He came forward by signing a guilty plea,” Judge O'Donnell said.

The judge said Mr Holland was part of a “wild” group of men who “roamed the streets” of Limerick city at around 5am on the morning of the attack.

The gang had “attacked” Declan Quinlivan, a 39-year-old homeless man, who was “minding his own business”.

Mr Holland and the two other men kicked and punched Mr Quinlivan more than 100 times and stole cash and a mobile phone, Limerick Circuit Criminal Court heard .

Mr Quinlivan could be heard on CCTV footage which captured the attack pleading with the men: “Stop, please, please, I'm begging you, please stop.” »

The gang continued to kick and punch Mr Quinlivan as he lay on the ground, begging them to stop.

The attack took place at the junction of Wickham Street/Thomas Street in Limerick City on May 8, 2022. The State accepted Mr Holland's guilty plea to one count of violent disorder.

At the time, Mr Holland was 17, another member of the group was 15 and the third man was 20.

They chased Mr Quinlivan before kicking and punching him 109 times as he lay on the ground.

John O'Sullivan BL, prosecuting, said the Director of Public Prosecutions ordered all three defendants to be prosecuted for violent disorder because Mr Quinlivan had failed to make a formal statement to Gardaí about the assault and theft that the court had previously heard. was filmed by CCTV.

At a previous court hearing, Garda Jason Walmsley, of Roxboro Road Garda Station, Limerick, agreed with the prosecutor that Holland and the two other men were “wild youths” roaming the streets at the time .

During CCTV footage of the attack – which lasted five minutes – and which was previously played in court, Mr Quinlivan was heard telling his attackers: “Take what you want, boys, but don't worry.” please stop beating me.

CCTV footage shows the men stopping briefly as a taxi passes the scene, and they immediately resume their attack on Mr Quinlivan as soon as the taxi passes.

Although Mr Quinlivan was taken to University Hospital Limerick, no evidence of his injuries was disclosed to the court and he did not make a victim impact statement.

Gardaí had responded to the scene after receiving an anonymous tip from a witness, and when they arrived at the scene they observed Mr Quinlivan with blood streaming from his forehead and three men gesturing towards the victim and threatening her.

Gardaí pursued the three men and arrested the 15- and 20-year-olds, but Mr Holland initially managed to escape on foot.

Gardaí finally caught up with Mr Holland in October 2022 after he was identified in CCTV footage.

After his arrest, Mr Holland confessed everything to Gardaí, identified himself in CCTV footage and admitted Mr Quinlivan had been terrified during the attack.

Mr Holland was heard on CCTV footage threatening Mr Quinlivan, telling him he knew who he was and warning him not to make a complaint to Gardaí.

Imposing a two-year suspended sentence on Mr Holland, Judge O'Donnell said: “This is a man who was roaming the streets at 5am and he and his cohorts took off taken from an innocent victim and inflicted a terrible beating. »

A probation report indicated that Mr. Holland presented a “moderate risk” of reoffending.

Arguing for leniency from the court, Mr Holland's barrister Donal Cronin BL said his client had no preconditions, having consumed “alcohol and drugs” at the time , that he was “fully sorry” for the attack and that he had “distanced himself”. himself” of the other two males.

Mr Cronin said Mr Holland had “changed his life” after securing full-time employment.

Mr Holland looked skyward and took a deep breath after the court handed down a suspended sentence.

Judge O'Donnell told Mr Holland he did not want to see him in court again: “Your conduct was outrageous, completely out of order and unacceptable, you were on the verge of going to prison today – consider you as a very lucky man. .”

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