Boy (14) involved in attack on off duty Garda was not in 'special care' due to lack of beds

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a day ago

A teenage boy who took part in the 'brutal' and 'appalling' robbery of an off-duty garda should have been in special care at the time, but there was no bed available, a court has heard.
The boy was 14 years old when he was caught on CCTV taking part in the attack on the victim along with a 29-year-old man. The teenager kicked the man several times to the head as he lay motionless on the ground, having been punched by the older man.
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The boy was extremely vulnerable, having been taken into care when he was a baby due to maternal neglect and again in more recent years. At the time of the offence, social workers were extremely concerned as he was regularly going missing from care, doing drugs, hanging around with older men and being exploited by criminals.
They believed his life was under threat, the boy's social worker told the court during his sentence hearing at Dublin Circuit Criminal Court.
Shortly before the attack took place, they recommended he had reached the threshold to be placed in emergency special care, but there was no bed available, the court heard.
The now 15-year-old boy pleaded guilty to one count of robbery of the man at Camden Road, Dublin 8, on January 22nd, 2024. He has no previous convictions.
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During the attack, the older man punched the unsuspecting victim to the ground as he walked through the city centre after a night of socialising, before the boy kicked him repeatedly to the head.
They then rifled his pockets and stole his phone, two passports, a garda ID card and bank cards. They returned to the scene to re-check his pockets, with the teenager kicking him to the head again as he lay motionless on the ground.
They did not know the victim was a garda at the time, Garda Shane Monahan told Antonia Boyle BL, prosecuting. The co-accused, a 29-year-old man, has already been dealt with by the courts.
A victim impact statement was handed into court but not read aloud at the victim's request. He was hospitalised in the wake of the attack. A number of the items were returned to him, but the garda ID card was never recovered.
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The boy was identified by a garda who saw the CCTV footage, and he was arrested. He told gardaí he did not have much memory of the assault.
The social worker who was called to give evidence in his defence said a bed was found for the boy after the assault. She said he is now doing well in care and has not gone missing for several months. He has several supportive extended family members and has plans to continue his education.
James Dwyer SC, defending, said there were real concerns for the boy at the time of the attack that he was not able to keep himself safe. He outlined some additional needs the boy has and the effects his traumatic early childhood had on him.
He said he has expressed remorse, regret and disbelief at his actions on the night for what was a 'brutal' attack, describing himself as a monster.
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'He should have been in special care when he committed this crime,' counsel said.
Sentencing the boy on Friday, Judge Elma Sheahan said his behaviour was 'outrageous'. She said after kicking the victim repeatedly to the head as he lay defenceless, the boy 'left him lying on the ground injured and without a care in the world'. She said the CCTV footage of the attack was 'appalling and disturbing'.
She noted that the boy has made great strides in very recent times, and there were a number of testimonials from extended family members and care workers. There has been a 'huge change in his mindset and behaviour', she noted.
'The funny, kind and empathetic young boy he is when not engaged in illicit substances is at total variance to the actions of the boy who viciously and brutally kicked the victim in this case,' she said.
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The judge said she was concerned that the teenager's improvements were still very recent and she wanted to ensure he was serious about his rehabilitation.
She set a sentence of 22 months but said she would defer it for a year under a number of strict conditions, including that he reside in his current care setting and follow all directions from the Probation Service and Child and Family Agency (CFA).
'I'm very serious about what I'm saying to you,' the judge said, speaking to the boy directly. 'There are huge efforts being made by your family and social workers to help you. You have a further opportunity to show to the court that you should not be placed in detention.'
The judge adjourned the case to June 2026, but said that any breaches by the teenager would result in him being brought back to the court and sentenced.