independent

Tuesday 17 September 2019

Assaulted two gardaí while resisting arrest

DEFENDANT GETS SUSPENDED SENTENCE

A YOUNG man who assaulted two gardai was given a suspended prison sentence after a Judge heard that he is now caring for his baby son who is ill.

Judge Gerard Haughton said he would have sent Robert O' Connor 18 Croke Avenue, John Street to prison if it hadn't been for the circumstances outlined.

Instead he sentenced him to six months in prison, suspended on condition that he enter a bond to keep the peace for 18 months.

The defendant pleaded guilty to assaulting Garda James Kearney and Garda David Fitzgerald and to resisting arrest in the Bullring on July 30, 2011.

Inspector Pat McDonald said the two gardai arrived in the Bullring at 12.50 a.m. and found a group of men involved in a fight.

A number of females were trying to break up the altercation.

When the gardai tried to intervene, the defendant lashed out at Garda Fitzgerald and tried to strike him with his fist.

He refused to give a name and address and had to be restrained in handcuffs.

As they were trying to get him into a patrol car, he dug his feet in and had to be pushed into the vehicle.

Once in the car, he kicked Garda Kearney twice on the side of the forehead with his foot.

He also kicked the window of the patrol car and the gardai had to open the door to prevent him smashing the glass.

Inspector McDonald said Garda Fitzgerald was struck in the nose by the defendant with another kick.

The court heard that the defendant had nine previous convictions including one for assault.

June O'Hanlon, solicitor told the court that her client had called to the garda station to apologise for his behaviour.

He was not trying to make excused for his behaviour but on the night, his girlfriend had been assaulted by another female.

She said the defendant is turning 22 years old this week and since the incident he has become the father of a now four-month old child. Handing in a medical report, Ms. O' Hanlon said his baby is very sick.

' This situation has dramatically changed his circumstances. He physically cares for the child and is also responsible financially,' she said.

Judge Haughton said that but for the circumstances outlined in the medical report, he would send the defendant to prison for six months.

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