Lurgan man punched elderly man during an altercation over a dog, Craigavon court hears

Richard White, aged 28, from Bells Row Court, Lurgan, appeared in the dock at Craigavon Magistrates Court charged with assaulting a man aged almost 80.

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The court heard police were called to an assault on August 15 last year at New Forge Road, Magheralin. It was claimed the defendant approached the injured party after a verbal argument regarding the injured party's dog.

"A physical altercation then happened between both parties. It was reported that the injured party had stuck his arm out due to feeling under threat from the defendant, given his his age. The injured party stated the defendant was highly irate and aggressive towards him,” said a prosecutor.

"The defendant then punched the injured party, causing him to fall down. The defendant then allegedly kicked the injured party while on the ground causing him to roll onto the road.”

The injured party sustained facial injuries. Witnesses to the incident said the defendant had ‘disproportionately attacked the injured party’.

When the defendant was interviewed, he stated, ‘I was in a verbal argument with regards to a dog and defended myself’.

When asked how many times did he hit the man he said ‘once with my fist and kicked him once’.

When photos of the injured party where shown to the defendant, he was asked if he did this and answered, ‘Yes. I assume because older people bruise easily’.

White’s barrister, Ms Ciara O’Neill, pointed to the pre-sentence report where her client had taken responsibility for his behaviour and showed insight into his offending.

He admitted his actions were ‘excessive and could not have amounted to self-defence in hindsight’.

Ms O’Neill said he appears to attribute his reactions to unresolved trauma and has referred himself back to support services since this incident.

She pointed out Probation regard him as a “low likelihood of reoffending”.

She said this offence is “entirely out of character” and submitted two character references from “professional individuals” who spoke very highly of White.

"He’s an animal rights activist who has volunteered at animal shelters throughout the jurisdiction. This incident appeared to have began due to a misunderstanding between him and the injured party about how he disciplined his dog,” said Ms O’Neill.

“He now realises that regardless of how this began, he simply should have walked away,” she said, adding her client is ashamed of himself and how he reacted.

District Judge Michael Ranaghan said he had read the references which speak to a man of good character and “a heart” given his attitude to animals.

He acknowledged “significant issues” in White’s background which may have impacted his actions on that date.

"An almost 80-year-old man was the victim. This is one of those rare cases where I can think of nothing bar a deterrent sentence which is to send you to prison. You cannot do this, Mr White, to a man approaching 80 years of age. Any victim can be vulnerable. A man of that age is more particularly vulnerable,” he said.

He sentenced White to three months in jail plus the offender levy of £25. Later White was released on his own bail of £300 to appeal the sentence.