A HABITUAL drug user who stamped on a woman’s face and was involved in a number of burglaries in Ballina was sentenced to six years imprisonment at last week’s sitting of Castlebar Circuit Court.
Marian Dunne was attacked by Mark Lavelle of 96 McHale Road, Castlebar as she walked up a laneway in Ballina while on her way to a funeral on March 3. 2009. She was pushed to the ground and Mr Lavelle stamped up to three times on her face and told her to shut up.
A postmistress by profession, Ms Dunne received a bloody face along with a swollen nose and bruising but the court heard she was a strong minded woman and was recovering. Judge Tony Hunt said the incident could have easily had more serious consequences and the fact that she was going to a funeral made the assault all the more shocking.
When questioned, Mr Lavelle (27) denied he took part in the incident claiming he would not ‘do something like that’ but DNA evidence on blood found on Mr Lavelle’s clothing matched that of the victim. The court heard that he was out of control on alcohol and drugs and apologised to his victim.
Last week’s sitting of Castlebar Circuit Court also heard how Mr Lavelle and another male were involved in two other burglaries and stole a mobile phone from a young man outside a nightclub.
Detective Garda Pat Ruane explained that on October 25, 2009 Mr Lavelle smashed the glass on the front door of Maloney’s Super Valu on the Bunree Road, Ballina but left when the alarm activated. The evening before he smashed the window of a hair salon before taking the till.
Garda Rebecca Fearon explained that on October 25, 2009 Mr Ross Farrell left Longnecks nightclub in Ballina at 1am and walked up a laneway. He told gardaí he was punched in the face and kicked and punched by two men before they ran off with his phone.
Later that day, Det Garda Ruane searched Mr Lavelle’s flat in relation to the burglaries and found the mobile phone. Garda Fearon said a female friend of Mr Farrell was sent over 20 messages from his phone asking to meet up with her and the sender identified himself as Mark Lavelle. She also received a photo from Mr Lavelle of himself.
Judge Tony Hunt commented that Mr Lavelle’s stupidity would be funny if it was not for the offensive messages which the victim’s friend had received. When he was arrested Mr Lavelle admitted assaulting Mr Farrell and sending the messages.
Mr Eoin Garavan, BL for Mr Lavelle said these incidents were ‘opportunistic’ and ‘couldn’t get more stupid’. He said his client has abused alcohol and drugs for years and has a long criminal history.
Judge Hunt said that Mr Lavelle had an unfortunate life but that sympathy had been diluted by the crimes he committed. He said that a worrying trend of his recent crimes was that he was now engaging in violence rather than public order and theft offences. He sentenced Mr Lavelle to six years imprisonment but suspended the last 18 months on the condition he keeps the peace for two years post release and engages with the probation service following his release.
