28 Nov 2021

County Derry man kicked victim in the head after row among partners escalated

The defendant received a suspended sentence.

County Derry man kicked victim in the head after row among partners escalated

A 26-year-old Magherafelt man has been handed a suspended sentence after admitting kicking his victim in the head during a row outside a bar in Maghera.

Nathan Swann, of Barrack Street, Magherafelt, entered guilty pleas to charges of assault occasioning actual bodily harm and disorderly behaviour in relation to an incident on November 3 2019.

Police had been called to an altercation on Coleraine Street, Maghera, in which a man had reportedly been assaulted and kicked in the head.

The injured party was unconscious when police arrived, but regained consciousness and was taken to A & E to be checked out.

CCTV footage from the incident showed a row breaking out between two females, one of whom was the partner of the defendant and the other a partner of the injured party.

The row escalated to the point where Swann and the injured party began to grapple, before he was then assaulted by the defendant.

The court heard how the injured party had sustained a chipped tooth, injury to his neck and bruising to his right eye during the incident. He required dental work in the aftermath.

Defence for Swann said he had experienced a 'moment of madness' during the incident, which had featured a number of individuals who were intoxicated after a night out.

Initially, the defendant had got involved to protect his partner, but admitted he had gone beyond protection during the incident.

Judge Mullan said the nature of the assault – a kick to the head – was 'extremely serious' and that the defendant was lucky the injuries were not more severe.

Swann was sentenced to two months' imprisonment for disorderly behaviour and six months' imprisonment for the assault charge, both suspended for a period of two years.

He was also ordered to pay £50 compensation to the injured party to cover his dental treatment.

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