Student avoids jail for assault where victim sustained brain injury and was in induced coma
Olivia Kelleher
A 22-year-old college student who struck a man in Cork city centre, who then fell backwards and suffered a brain injury when his head hit the ground, has received a four-year suspended sentence.
Louis Herdman, of River’s Edge, Clash Road, Cork, appeared before Cork Circuit Criminal Court for sentencing today. He had pleaded guilty to intentionally or recklessly causing serious harm to James Dunford (21) on February 8th, 2024, at the Grand Parade in Cork city.
Judge Dermot Sheehan heard that young men on a work night out and students celebrating their win in a rugby match had got involved in an altercation on the night in question. Mr Dunford was with college friends after a match and Mr Herdman was out with co workers from his part time job.
Det Garda Bryan Murphy said that “unfortunately the two groups of people tangled". He said that Mr Herdman punched the injured party three times.
“The third punch was the punch that knocked him backwards, resulting in him falling back and hitting his head off the floor, causing not all of the injuries but causing the most serious injuries.”
Mr Dunford spent fifteen days in hospital in the aftermath of the incident — some of it in an induced coma.
Defence barrister, Jane Hyland SC, said that her client was remorseful for his actions. He acccepted responsibility for what had occurred and brought €20,000 in compensation to court for the injured party.
Ms Hyland said that her client was doing a master’s degree in college and worked hard to raise the compensation. She said that Mr Herdman had become involved on the night in a misguided bid to assist his friends, who were being struck during the entanglement with the other group.
Victim impact statement
In a victim impact statement Mr Dunford said that his life had completely changed in the aftermath of the incident.
“My life and future is now one of medical visits, financial and general uncertainty. A lot of unknowns — my career, earning potential, my relationships, epilepsy, fear of certain environments. I'm always going to have brain injury and this is always going to affect me and everyone who loves me.”
Mr Dunford said he can no longer play rugby or pursue his passion for GAA in the aftermath of the incidnet.
“All of that came to an abrupt end on the night of February 8th, 2024, when I was the victim of an assault by Louis Herdman. Everything was taken from me and I genuinely no longer have a vision of what my future looks like.
"I am no longer allowed play sport for the foreseeable future, due to the risk of injury, to the point that I can’t even cycle a bicycle at the moment through medical advice. A knock to the head can have me back in the brain trauma unit in CUH.
"On the night, I sustained serious skull fractures, brain bleeds and frontal lobe damage. My medical team have said that I will always have a brain injury. Time will tell what that means for me.
“I have no longer a sense of smell and taste, I have been told by my consultant that these are lost forever, as they are not prepared to risk surgery, that the risks outweigh the potential improvements.
“The psychological fallout is much worse, and the reason I lie awake at night thinking and worrying about my future.
“I tried to return to college — maybe against the advice of my neurological team — but I was in an extremely low place mentally since my release from CUH. I spent months sitting in my house day after day trying to make sense of why I was in this situation. Every day, I was constantly reminded that my life has changed for the worse and I don't know who I am anymore or where my future now leads.
“Seven months after this assault, I attempted to go back to college but again this was met with challenge after challenge, between memory retention, being constantly tired and feeling extremely low mentally and physically.
“I am on medication to control seizures and again this is with me forever. Who knows what the future holds as regards epilepsy — another reason why I say that night I received a life sentence.
"I had to give up on my dream to return to college which has been the hardest part of this hell and I can no longer look forward anymore but take everything day by day hoping tomorrow I won't have a new issue to deal with or that any existing issues don't get worse.”
Sentencing
In sentencing Judge Sheehan noted the mitigating factors in the case which included the lack of previous convictions of the accused, the plea of guilty and the raising of compensation. A probation service report deemed Mr Herdman to be of low risk of reoffending.
Judge Sheehan said that the injured party suffered “significant injuries and ongoing distressing consequences” following the incident. He noted that the accused struck the victim with “considerable force.”
“But notwithstanding the considerable force, it is not that which causes us to be here. What really brings us here is the injury to the brain which — from reading the medical reports — must have come from striking the ground.”
Judge Sheehan said that the assault had had a “profound effect” on Mr Dunford. He admitted that he was concerned about the seriousness of the injury in the case and the impact it has had on the life of the injured party.
“It is distressing to see that the someone — through no fault of their own — is left in this condition due to the actions of Mr Herdman.”
Judge Sheehan said that young people must be deterred from punching people because too often these punches can have “catastrophic injuries".
“I have to think of general deterrence. Young men like the accused, late at night in the city centre, have to be deterred from punching people because too often it leads to catastrophic consequences.
"On the other hand hand the accused was twenty. I do not think that in the end society is going to benefit from the accused serving any period in custody.
"The sentence of four years is suspended. It will have an effect on his ability to travel and on his employment — it does have a real consequence for a young man like the accused.”
