A Tipperary man has escaped jail for an assault at an acute psychiatric unit on “a frail and vulnerable” 81 year old patient that left his victim with a brain injury.
Brendan McCormack appeared before Ennis Circuit Court charged with assault causing harm.
Judge Francis Comerford said that he accepted that McCormack of Croke Street in Thurles was in the throes of a psychotic episode when he punched Gearoid McHugh at around 8.30am at the acute psychiatric unit at Ennis General Hospital on April 24th 2019.
Mr McHugh of Quin, Co Clare – who was already extremely ill prior to the assault – died more than four weeks later on May 28th.
34 year old Brendan McCormack pleaded guilty to the single charge of assault
In his judgment, Judge Comerford stated that it hasn’t been established that there was any acceleration in the death of Mr McHugh as a result of the blow from Mc McCormack of Croke Street, Thurles and he couldn’t speculate on that issue.
Mr McHugh fell out of his wheelchair later on the morning of the assault.
Judge Comerford imposed an eight month suspended prison term on Brendan McCormack with the condition that he remain under the care of his local mental health services and stay away from illegal drugs and alcohol.
McCormack was only in the acute psychiatric unit three hours before the assault after being brought there by Gardaí as an involuntary admission.
A psychiatric report carried out on Mr McCormack in August 2022 determined that on the morning of the assault he was undergoing an acute psychotic episode and “did not know what he was doing was wrong and was not aware of the possible consequences at the time”.
Judge Comerford said that he didn’t believe there would be any justice in imposing an immediate custodial sentence.
In terms of mitigation the Judge stated that there was no premeditation, no weapon and it was a single blow.
