Kildare man jailed for assault which left woman in coma 

A MAN has been given a sentence of nine years with the final 18 months suspended for the attack of a woman who spent three weeks in a coma due to her injuries.

Cian Leavy (23) with an address at Corrigmount House, Caragh, Naas, appeared in Naas Circuit Court on 10 March for sentencing before Judge Elva Duffy, after pleading guilty to assault causing serious harm (section 4) for the attack of Dawn Hamil (25) in the early hours of 4 December, 2024.

The court observed CCTV footage taken from the back of Bradbury’s Café in Newbridge at 12.25am on 4 December, and saw Mr Leavy attacking the victim during a period of 10 minutes.

Prosecuting garda Detective Seamus Doyle outlined to state counsel Jordan Fletcher the attack, which captured on CCTV. Footage showed Mr Leavy throwing Ms Hamil down the stairs before delivering eight punches to the head area, followed by 16 stamps to the face.

It was then observed that the accused knelt on the woman’s chest and delivered three jabs to the neck before grabbing the victim’s neck in a choking motion. The accused then stood up and kicked the victim four more times before using his phone light to look through a nearby bin.

At this point, Ms Hamil, appeared to be lifeless on the ground, and Mr Leavy was seen to go back to her kicking her four more times in the head while using his phone light to observe his “handywork”, as later described by Judge Duffy.

CCTV then showed Mr Leavy taking the victim’s jacket and bag before leaving her on the ground on the winter night only to be found by a delivery driver arriving to the café at 8am that morning – nearly eight hours later.

The delivery driver found Ms Hamil unconscious and in the fetal position, bent over in a pool of blood with her eyes puffed out. The delivery driver asked for the help of a woman in the car park for a blanket for Ms Hamil and together they called ambulance and gardaí.

Ms Hamil was brought to hospital by ambulance who noticed facial and head trauma, and gave her a GCS (Glasgow Coma Scale) score of 7, which indicates Severe Traumatic Brain Injury, generally considered a coma.

Doctors at the hospital recorded a lengthy list of injuries on the victim, including a stab-like wound to the neck, fractured wrist, cuts and other injuries to the face including her eye socket and ear, bruising to the chest and to her wrists and knees. She also had a nasal bone fracture.

Ms Hamil displayed seizure-like activity before being intubated on a ventilator to keep her airways open. The woman stayed in a coma for three weeks and received treatment in hospital for a total of four months and six days.

On release from the hospital, Ms Hamil went through physical and neurological rehabilitation, speech and language therapy and occupational therapy for dyspraxia.

Ms Hamil’s parents attended court on her behalf as she claimed “she did not want to go through it in court anymore”.

In a victim impact statement, Ms Hamil told the court that she had to learn to walk and talk again, and said she feels as though she has been “living in the dark” since the attack.

She noted a high level of anxiety, depression and insomnia and told the court that when she sleeps at night she dreams of what happened that night.

She described her speech as “slurred” and said she has trouble reading and writing, as well as walking since the incident.

She said she feels numb and in constant fear since the attack and said: “It’s a miracle I’m still alive. I thought I’d die.”

She thanked the medical staff at the hospital and the gardaí for their assistance with her case.

Defence barrister, Paul Murray SC, went through the hours leading up to the attack, which involved Mr Leavy and Ms Hamil meeting up in Newbridge for an evening out at Flanagan’s pub after 6pm on 3 December, 2024.

A bartender noticed the two were intoxicated and refused to serve them any more drink, which resulted in abusive behaviour from Mr Leavy.

The two were spotted multiple times by other witnesses who corroborated evidence of the pair’s inebriation and Mr Leavy’s aggression that night.

At around 1am – some 20 minutes after the attack took place – a bloody-handed Mr Leavy was seen by the Flanagan’s bartender once again asking people for Xanax.

Some minutes later, the bartender witnessed him putting a keg through the window of Dubh cafe, and phoned the gardaí.

When gardaí arrived to the scene, they asked Mr Leavy to put down a bottle of alcohol he had in his hand.

He refused and told the guard to “fight him like a man”, before he was immobilised and arrested for burglary.

At this time, gardaí were unaware of the unconscious Ms Hamil who lay on the ground behind a building just across the road.

On 6 December, Mr Leavy was arrested for the assault while in hospital for mental health issues.

During this time, the accused got a call from the hospital in relation to abnormal liver blood test results and was admitted to hospital for a few days.

On 13 December, he attended Newbridge garda station by appointment and made a voluntary statement admitting to the assault and identified himself on CCTV, however, claimed he did not remember the assault.

Mr Leavy has been in custody in relation to the incident since 14 December 2024.

Mr Murray, the accused’s defence, offered that a current MRI undertaken by Ms Hamil on 11 Dec showed that her “neurological development would return in time,” and noted that she has been “out and about” while in recovery.

“By the grace of god,” interjected Detective Doyle.

Mr Murray agreed, and added that the woman’s recovery offers “some light in a bad situation” and noted that she “continues to improve.” “Physically,” added Detective Doyle.

“Why this happened is a mystery to her and a mystery to him,” said Mr Murray.

He said that the accused has “remorse, shame and embarrassment” for what he has done, and is sorry to Ms Hamil and her family, as well as his own family and society at large.

“He didn’t go out that day to injure someone,” said Mr Murray. “It was not a premeditated attack, it was an instantaneous attack.

“My client is responsible for is own actions. There’s no excuse or explanation.”

Mr Murray noted that Mr Leavy has no previous convictions and suffers with mental health issues including suicidal ideation and aggression. He was also diagnosed with ADHD, and has a past of abusing drugs including cannabis, MDMA, cocaine, ketamine, magic mushrooms, crack cocaine and prescription medications.

While in custody, he has received three P19’s (disciplinary reports) which included an assault carried out on him by another prisoner because of his attack on Ms Hamil.

His mother noted in a statement to the court that his actions on the night of the incident were out of character.

“This is not the Cian we know,” she said.

Mr Fletcher noted that due to the severity in viciousness of the assault, harm done, culpability and the fact that the assault was a prolonged attack, the accused would be looking at a possible headline sentence of 10-15 years.

Mr Murray asked the judge to be “as lenient as possible” and to consider some level of suspension to allow for rehabilitation.

In her deliberation, Judge Elva Duffy said: “What is deeply distressing about this incident is the cold, calm way it is done.”

She noted the “chilling” evidence from the CCTV footage which shows Mr Leavy “bring the torch to her and is looking at her while he is doing it. She lies lifeless and he returns to his handywork for an appreciation of his own work.”

She called the attack “cold and calculated” and said it was distressing to watch.

“The length of the assault I was struck and deeply concerned by.”

The judge described Ms Hamil as a “slight” woman who was “left in a lifeless condition on a December night.”

She continued: “The physical impact will stay with her for a long time to come.”

“Drink and drugs only goes part of the way,” she said.

With that, Judge Duffy gave Mr Leavy a headline sentence of 12 years and 6 months, resulting in a 9 years sentence with a suspension on the final 18 months.

Mr Leavy’s sentence was backdated from 14 December, 2024.

Before the close of the sitting, Judge Duffy turned to the parent’s of the victim and acknowledged the distress the incident has brought to them and their daughter.