The Court was told that 31-year-old Ryan McCabe and a friend were walking home during the early hours of Monday 20 June after drinking in town and joined another person who was also walking home and who’d also been at the same club, but whom they didn’t know.
The Court heard that the newcomer later started baiting McCabe by shadowboxing, and then actually punched him twice. McCabe fell to the ground and is believed to have been temporarily unconscious – but when he came round, he hit back.
One witness who saw McCabe continually kicking his victim to the head and body called the Police. McCabe left the scene, and the victim was taken to hospital and kept in overnight for observation.
The Police later posted CCTV footage on social media websites asking for the people involved to contact them. McCabe handed himself in, but continually gave “no comment” answers during questioning.
A pair of boat shoes seized at McCabe’s house linked him to the attack. DNA testing of blood on them matched the victim’s, and an expert examiner concluded that there was moderately strong evidence that their tread matched marks left on the victim’s face.
Passing sentence, Deputy Bailiff Tim Le Cocq acknowledged there had been an extreme level of provocation, but believed that McCabe’s response was out of proportion.
“It was a vicious and serious attack in which alcohol played a significant part, and it was extremely lucky that the victim’s injuries were not more serious… He had backed away, and was vulnerable,” he said.