A man who left another unable to get up off the ground and requiring hospital treatment following a sustained attack in Gilford has been spared a prison sentence.
Hugh Boyce, with an address of University Street in Belfast – but previous of Co Armagh – appeared before Newry Crown Court on Wednesday charged with assault occasioning actual bodily harm.
The 35-year-old father-of-three, currently serving a prison sentence for a domestic offence, told police when he was arrested: “I’ll be honest with you, I did have a scuffle last night.”
The court heard that, at approximately, 12.30am on September 5, 2022, police were called to Castle View in Gilford following a report of two males fighting.
The victim, who was conscious, was found with facial injuries and was unable to get off the ground. The pair had been drinking in a local pub earlier in the evening.
He told police he was assaulted by a man who subsequently took a video of him.
Police managed to obtain CCTV of the attack and as a result arrested Boyce.
The victim was taken to Craigavon Area hospital and was treated for a cut to his head, pain in his back and side, and suffered cervical spine trauma, however, His Honour Judge Ramsey KC said there was no medical report because the injured party “has disengaged completely from the process and hasn’t cooperated”.
He described that as an “important factor in this case,” adding, “I believe he currently lives in Australia”.
“The factor that is the most serious aspect,” however, “is that he kicked the complainant while he was on the ground at least three times.”
Boyce, he said, has “a significant criminal record” and this would have been “a frightening experience” for the victim.
However, due to the “poor quality” of the CCTV footage it was hard to ascertain where the defendant had kicked the injured party.
Judge Ramsey said the custodial threshold had undoubtedly been passed but given the mitigating circumstance, which included a delay in the case, he handed Boyce a nine month prison sentence but suspended it for a period of two years.
