A 26-YEAR-OLD west Belfast man who threw bottles during a "concentrated and persistent" violent attack in a popular city bar, was jailed for 18 months yesterday, while his teenage brother escaped jail.
Judge Gordon Kerr QC told Daniel Dundon, who has a previous conviction for violence, that the disparity between the sentencing was justified given the age of his then 17-year old brother Thomas who has a clear record.
The brothers, both from Slievegallion Drive in the Andersonstown area, had pleaded guilty to two charges of malicious and unlawful wounding during which three men were attacked in the VIP area of the Botanic Inn in the early hours of February 1, 2015.
Thomas, now aged 19, also admitted assaulting a third man.
During the attack with glasses and bottles, one of the three injured men had his ear bitten and was repeatedly stabbed, and kicked in the head whilst he lay on the ground.
Sitting in Antrim Crown Court, Judge Kerr said that at just 17, Thomas Dundon should not have been in the bar, let alone drinking, although he had been an enthusiastic participant in the attack.
However, while the custody threshold was passed there were a number of mitigating factors in his case including his young age, clear record, a history of mental health issues and the fact he was the victim of a stabbing himself.
The judge said as he was dealing with a younger offender he was prepared to take the unusual step in deferring sentence for six months.
He said if reports prove positive, then any sentence he receives will be suspended.
Turning Daniel Dundon, the judge said he was an adult at the time of offending and must be sentenced as such.
Judge Kerr said whether Daniel's claim of a bottle being thrown at him, was true or not, his behaviour from then on was "quite deplorable".
The judge added that there was no doubt he was equally involved in the use of bottles and glassses afterwards.
However, more importantly he has a previous conviction for grievous bodily harm for which he was given four years, suspended for four years.
Judge Kerr said while Daniel had since given up drinking, like his younger brother, and had expressed regret he was older and would be sentenced to two years.
In addition the remaining 12 months left to serve on his previous suspended sentence would be made to run consecutively.
In all Dundon was told he would serve 18 months in custody, followed by a similar period on supervised licensed parole.
