Jail warning for thief who hit boy

Editorial Department • Published 12 Jan 2012 13:00

A 25-year-old man who punched a boy in the face and stole his mobile phone, has appeared at Fermanagh Court.

Sean Edward Duffy, of Drumbawn, Drumclay, Enniskillen, admitted unlawfully assaulting Jamie Kirkpatrick and stealing his Blackberry Curve worth £200.

District Judge Liam McNally deferred sentencing Duffy for six months, warning him that if he commits any further offences or fails to pay every penny of the £200 compensation he will be jailed for nine months.

"I'm going to leave whether you go to jail or not in your hands," he told Duffy.

"Any offence and you are away for nine months," he warned.

Outlining the circumstances of the case a prosecutor explained that just after 4.30pm on May 31, last year, Duffy's brother, Blaine, phoned a student at Rutledge Recruitment at Darling Street in Enniskillen and asked him to meet them outside. Duffy and his brother then pulled up in a car and Duffy's brother attacked the boy, holding him in a headlock and punching him a number of times. During the assault the boy's mobile phone fell out of his pocket. Duffy grabbed it, punched the boy on the side of the face and he and his brother made off in the car. When police interviewed him, he denied being in the car or the area at all. The phone was not recovered.

Defence barrister, Miss Heather Philips, said Duffy very much regretted his involvement. While he had a bad criminal record he had only one previous conviction for burglary and theft.

"He is not somebody who is out to intentionally steal on a regular basis," said Miss Philips.

She said Duffy's last conviction was in March 1011 and these offences were committed in May and since then he has "turned over a new leaf" and is in a steady relationship.

She pointed out that he is currently the subject of a three-month prison sentence, suspended for two years, previously imposed on him for another offence.

The District Judge noted that Duffy had served a two-month prison sentence in the interim.

"So he has had a taste of custody since this offence," said the District Judge.

He told Duffy he regarded the incident as very serious "were a young boy attending Rutledge Recruitment was attacked by your brother". Just as serious was Duffy seeing the opportunity when the boy's phone fell from his pocket, in taking it and then thumping the boy.

He told him he was very lucky not to be facing a robbery charge and two years in prison.

Deferring sentencing for six months, he said he was not entirely sure Duffy could stay out of trouble for that long.

He told him that if he committed no more offences and paid the £200 compensation the nine-month jail sentence would be suspended.

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This article appeared in Impartial Reporter 12 Jan 12

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