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AN ADULT ADHD sufferer who bit off part of another man’s ear has walked free from court with a suspended sentence.
James Mooney (22) punched his victim, James Ferrari, in the head before biting hard into his ear and tearing part of it off.
The court heard from a doctor who said the condition of adult ADHD was a contributing factor in the late-night assault on April Fool’s Day.
Mooney of Poolbeg Quay, Ringsend, Dublin pleaded guilty at Dublin Circuit Criminal Court to assault causing harm at a GAA club on Sean Moore Road, Ringsend on 1 April 2013.
Judge Desmond Hogan sentenced Mooney to four years in prison but suspended it in full for three years on condition that he complies with probation services for 12 months.
The court heard that Mooney is to hand over €5,000 to the victim as a practical expression of his remorse.
Judge Hogan said Mr Ferrari had been seriously injured and that Mooney was lucky he hadn’t been charged with the offence of assault causing serious harm, which carries a heavier penalty.
In a victim impact report, Mr Ferrari said his life has been full of worry and depression since the attack. He has a recurring nightmare where he remembers first seeing his injury in a hospital mirror and breaking down, shaking and crying.
He said the attack has affected his job by making him more shy and he has lost contact with friends because he is not as sociable as he used to be. The father-of-one said he hopes to come to terms with the assault some day.
He underwent some surgery to the injury but decided not to pursue reconstruction of the ear after medical advice that it would be lengthy and costly.
Consultant psychiatrist Dr Sean O’Domhnaill told Cathal McGreal BL, defending, that he treated Mooney and diagnosed him as having adult ADHD and that, as part of this disorder, he exhibited impulsivity resulting in an extremely over active mind.
The psychiatrist said that Mooney told him that after “all hell broke loose” during the assault he wasn’t conscious of having bitten anyone. He said Mooney had spent the evening self-restraining and avoiding confrontation with another man, Andrew Murren.
The court heard that Mr Murren, who was a friend of the victim, knew Mooney and was slagging him. The victim thought this was getting serious. He approached the men and told Mr Murren he was leaving.
Mr Ferrari told gardai that as he was leaving the club he was punched in the face by Mooney and he put his arms up to shield his face. He then felt Mooney biting hard into his ear. He felt blood running down his neck and felt flesh being torn away from his ear.
Mooney later confessed and said he didn’t intend to take the ear off. He told gardaí he didn’t know what happened to the missing part.
Garda Alan Byrne told Garret Baker BL, prosecuting, that the victim lost €1900 in lost earnings and paid out €350 in hospital fees, drugs and counselling.
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Last time I checked wanting to bite someone’s ear off wasn’t a symptom of ADHD.
And if we have to accept that it is then we have to accept that we too could get our ear chewed off by a sufferer at some point and expect no justice.
The mind boggles. Mindless violence and savagery.
Just another example of an out of touch judge allowing a person to walk free from jail after a vicious assault. What kind of message does it send out? No wonder the country is fubar
Adult ADHD? If it’s such a illness that he doesn’t recall biting someone’s ear off then take him out of the public.
Al Beebak, the scary thing is that people will start dishing out their own brand of justice
Ansolutely Al and the usual defence crap thrown in for this type of crime – ADHD, prescribed meds, sport concussion, drunk, depressed etc etc. Punishment should fit the crime and it doesn’t in this country.
When I saw the headline I assumed this incident occurred during a match. As it didn’t why include it in the headline. If simulate happened at a rugby clubhouse in the early hours, would it be referred to as a rugby assault
Wounding a victim is called assault causing Grievous Bodily Harm.
What the hell is a GAA assault??
It wasn’t even during a match FFS. Maybe the judge was as confused as the journalist here and just decided to ‘let him away with it’ – after all, the poor attacker had ADHD, so he did. The judge seems to be feeling more sorry for the defendent than the victim.
The mind boggles.
What a croc of S.H.1.T. for an excuse! These lads can get away so lightly by playing the “poor ol me card”. Same typical outcome from the courts in my home town, “40-50 previous convictions but he’s turning a corner now Judge, he had a hard upbringing etc”. They’re back on the streets robbing our cars and houses within days. The courts are an absolute joke!
Judge Desmond Hogan should never be allowed to practice again after that ruling, so at 22 years of age you can be suddenly diagnosed with ADHD because you bite off somebody’s ear??, it’s the judge who needs a sentencing!!
I have ADHD. Conversations and focus can be difficult sure but I don’t attack people. That’s not an excuse.
Same here, think I’ll bite that judge.
What a country .. Failure to pay TV licence = jail . Bite someone’s ear of during serious unprovoked assault = fine
He should have got a lot more than €5000
We could have charged you with a more serious offence and we could have put you in jail, but just pay a few quid and you’re grand.
If he was in America he would get 5 million
If this was America the victim would be dead now
That’s the first time I’ve ever read a serious news article that referred to the date as “April fools day”!
Yes, I agree. It’s almost as bizarre as the sentencing itself or the ridiculous use of ADHD as a defence in a serious assault. ADHD doesn’t make you bite people.
Mike Tyson’s lawyers didn’t even think of that.
It’s been said already but the reference to GAA in the headline is misleading at best and scurrilous at worse!
Spent the evening “self restraining”, b######t. Is that what they call it now. FFS
In the last week alone there’s been four random unprovoked attacks, a man has his cheekbone smashed, another man lost the sight in one eye, a person with learning difficulties gets his head smashed in and now a man loses part of his ear. All the attackers received minor sentences. It’s not right that ordinary hard working people are subjected to random savage attacks like this. Something needs to be done to stop the animals and vermin before its to late. This town needs a enema.
Any man who purposely damages a Ferrari should be jailed for life.
The judge .needs new ears by the sound of things . As he seems to have not heard the full story properly.
He got an ear and a half suspended sentence, what a joke.
That’s a tragic attempt stevie
It was, gave myself a red thumb, tried to lighten the mood a bit and failed miserably, Iam so sorry but it was earesistible.
Ear ear
Total tosh, another loonie judge, the learned lord a leaping needs his ear bitten then he might be more aware of the appropiate sentence. Mind you it is another example of the unfit to purpose nature of the Irish judiciary. Look at the decision to allow the cops to breach your constitution rights as long as it was not “intentional”. A charter granted to facilitate corrupt cops with which were are a wash.
SOME of our judges sentences must be called into question. IT MUST be considered a contributor to the amount of violent crime, Money talks any crime you can get away with if you can put money in the poor box5,No CRIME to big
In some schools now when junior classes are singing the alphabet they start off “ADHG,EFG……..
If a dog done it you would put him down!
Suffering from depression does not give you the right to assault anyone and the cause of this attack was more likely to be alcohol related and the offender should have been jailed.
Disgusting brutal sport.
Gaelic games should be banned from our schools if this is the type of adults they produce.
I’d say the judge gave him an earful.
So does this mean everyone with adult ADHD who commits an act of absolute savagery like this,
Is going to be given a suspended sentence and buy there way out of a prison sentence,
What if he had killed this man would the judge have still handed down such a lenient sentence,
In my opinion the sentence should have been four years plus the compensation of €5.0000,
Individuals like this should not be served alcohol,
They can’t handle it,
Cannibalism doing that to another human being
WTF IS WRONG WITH THAT JUDGE?
WHY NOT SENTENCE HIM TO COMMUNITY SERVICE???????????
€5.000
Who knows what was going on in the man’s head… I think all of us can agree that no one in the right mind would do such a thing… People should not be ashamed of any kind of illness. It’s not like you are doing it on purpose. I battled depression for years, and I am so grateful that I managed to fight that daemon off.
For anyone suffering from depression,
I recommend something that has helped me a lot. It is James Gordon’s system at http://lookingupstuff.com/mentalhealth/2015/02/06/how-to-destroy-depression/
He is a former depression sufferer, and teaches a totally natural 7 step process which relieves depression from your life.
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