Latest news with #CriminalJustice(PublicOrder)Act
Sunday World
a day ago
- Sunday World
Man who threatened to shoot garda and spat blood in patrol car has jail term overturned
Thomas McDonagh (23) had pleaded not guilty in the District Court to four charges A man who threatened to shoot a garda, acted 'extremely aggressively' and spat blood in a patrol car has had his six-month prison sentence replaced with a suspended term on appeal. Thomas McDonagh (23) with a last address at St Margaret's Park, Ballymun, Dublin made threats to a garda member's life and repeatedly squirted Lucozade at him. McDonagh had pleaded not guilty in the District Court to four charges including failure to comply with a garda member under section 8 of the Criminal Justice (Public Order) Act, 1994, obstruction of a peace officer under section 19 of the act and threatening and abusive behaviour under section 6 of the same act. He also faced a charge for the criminal damage of a garda car under section 2(1) of the Criminal Damage Act 1991. He was convicted of all four charges and given a sentence of six months in custody, a term against which he later appealed. Dublin District Court Today's News in 90 Seconds - July 19th Garda Pierce O'Dwyer told the District Court Appeals Court on Monday that he responded to a call at St Margaret's Park in Ballymun on May 12, 2023. He said that gardaí were surrounded by ten to 12 men who were demanding that they leave and were acting aggressively. Garda O'Dwyer said that McDonagh was 'extremely aggressive from the start' and shouted a number of threats at him, including that he knew where he lived and that he would shoot him. He said that McDonagh sprayed him twice with a bottle of Lucozade and continued to be aggressive with him. Garda O'Dwyer said that McDonagh was arrested, handcuffed and conveyed to a garda station, where his aggressive behaviour continued and he spat blood in a garda car, resulting in a cleaning fee of 52 euro. Defence counsel for McDonagh, Paul Larkin Coyle BL, said his client now accepts that his behaviour was totally unacceptable and was appealing the case on the severity of his sentence only. Mr Coyle said McDonagh was 'begging for a chance' so that he can be present for his children and that his client made an apology to the garda and the court for his behaviour. Mr Larkin said that McDonagh's pregnant wife was in hospital at the time of the incident, and McDonagh 'got lost in the emotion of it' and 'totally lost the head'. He said that his client is now the father of twins, understands the error of his ways and has removed himself from a situation where he was getting in trouble. The court heard that McDonagh has 22 previous convictions, including incidents of theft, criminal damage and the possession of a knife. Judge Christopher Callan said that McDonagh's actions were serious and it was 'difficult to see how the court can have much sympathy for him' after he threatened to shoot a garda and behaved aggressively. Judge Callan said that the job of a garda in this day and age is very difficult and what McDonagh did 'does not make it easy'. He said that what McDonagh did to the garda was 'completely unacceptable' but it does appear that he is turning a corner in his life since the incident. Judge Callan decided to suspend McDonagh's six month sentence for a period of two years on the condition that he keeps the peace, engages with the probation services and provides a donation of 500 euro to the Capuchin Day Centre. Funded by the Courts Reporting Scheme
Irish Independent
2 days ago
- Irish Independent
Man who threatened to shoot garda and spat blood in patrol car has jail term overturned on appeal
Thomas McDonagh (23) with a last address at St Margaret's Park, Ballymun, Dublin made threats to a garda member's life and repeatedly squirted Lucozade at him. McDonagh had pleaded not guilty in the District Court to four charges including failure to comply with a garda member under section 8 of the Criminal Justice (Public Order) Act, 1994, obstruction of a peace officer under section 19 of the act and threatening and abusive behaviour under section 6 of the same act. He also faced a charge for the criminal damage of a garda car under section 2(1) of the Criminal Damage Act 1991. He was convicted of all four charges and given a sentence of six months in custody, a term against which he later appealed. Garda Pierce O'Dwyer told the District Court Appeals Court on Monday that he responded to a call at St Margaret's Park in Ballymun on May 12, 2023. He said that gardaí were surrounded by ten to 12 men who were demanding that they leave and were acting aggressively. Garda O'Dwyer said that McDonagh was 'extremely aggressive from the start' and shouted a number of threats at him, including that he knew where he lived and that he would shoot him. He said that McDonagh sprayed him twice with a bottle of Lucozade and continued to be aggressive with him. Garda O'Dwyer said that McDonagh was arrested, handcuffed and conveyed to a garda station, where his aggressive behaviour continued and he spat blood in a garda car, resulting in a cleaning fee of 52 euro. Defence counsel for McDonagh, Paul Larkin Coyle BL, said his client now accepts that his behaviour was totally unacceptable and was appealing the case on the severity of his sentence only. Mr Coyle said McDonagh was 'begging for a chance' so that he can be present for his children and that his client made an apology to the garda and the court for his behaviour. Mr Larkin said that McDonagh's pregnant wife was in hospital at the time of the incident, and McDonagh 'got lost in the emotion of it' and 'totally lost the head'. He said that his client is now the father of twins, understands the error of his ways and has removed himself from a situation where he was getting in trouble. The court heard that McDonagh has 22 previous convictions, including incidents of theft, criminal damage and the possession of a knife. Judge Christopher Callan said that McDonagh's actions were serious and it was 'difficult to see how the court can have much sympathy for him' after he threatened to shoot a garda and behaved aggressively. Judge Callan said that the job of a garda in this day and age is very difficult and what McDonagh did 'does not make it easy'. He said that what McDonagh did to the garda was 'completely unacceptable' but it does appear that he is turning a corner in his life since the incident. Judge Callan decided to suspend McDonagh's six month sentence for a period of two years on the condition that he keeps the peace, engages with the probation services and provides a donation of 500 euro to the Capuchin Day Centre. Funded by the Courts Reporting Scheme
Sunday World
3 days ago
- Sunday World
Dad-of-five crashed car into mum and daughter and assaulted Garda in rampage
Owen Orr, who has 31 previous convictions, punched a fellow motorist in the face, assaulted a Garda, damaged his motorbike and crashed his car into a mother and daughter A man who was described as having a very high IQ but who is a 'Jekyll and Hyde' character after drinking alcohol has appeared in court after going on a rampage in Co Donegal. Owen Orr committed a series of offences on St Valentine's Day in 2019 leaving a trail of destruction in his wake. The father-of-five punched a fellow motorist in the face, assaulted a Garda, damaged his motorbike and crashed his car into a mother and daughter. Orr, who has 31 previous convictions, appeared at Letterkenny Circuit Court where he pleaded guilty to a range of offences which all occurred on the same evening. The 32-year-old is charged that, at Cullion Road, Letterkenny, he assaulted Garda Michael Kilcoyne, a peace officer, acting in the course of his duty. The charge is contrary to Section 19 (3) of the Criminal Justice (Public Order) Act, 1994, as amended by Section 185 of the Criminal Justice Act, 2006. Owen Orr at Letterkenny Circuit Court. Photo: North West Newspix Today's News in 90 Seconds - July 17th He is also charged that he did without lawful excuse damage property, to wit, a Garda Honda motorcycle, belonging to the Chief Superintendent, An Garda Siochana. The charge is contrary to Section 2 (1) of the Criminal Damage Act, 1991. Orr is charged with the unlawful interference with a mechanically propelled vehicle, the property of Charles Bonner, while such vehicle was stationary at Manorcunningham by removing the key from the ignition. The charge is contrary to Section 113 or the Road Traffic Act, 1961, as amended by Section 6 of the Road Traffic Act, 1968 and Section 18 of the Road Traffic Act, 2006. He is also charged with dangerous driving on the N13 on February 14th, 2019 He is further charged that, at Dromore, Letterkenny, on February 14, 2019, that he did without lawful excuse damage property, to wit, a Toyota Corolla belonging to Kathleen Birch intending to damage such property or being reckless as to whether such property would be damaged. The charge is contrary to Section 2 (1) of the Criminal Damage Act, 1991. He is also charged with failing to report an accident when injury was caused to property or a person at Dromore Lower on February 14th, 2019 being the driver of a vehicle involved in the accident. Owen Orr at Letterkenny Circuit Court. Photo: North West Newspix Other charges were also taken into account by the court. Prosecutor for the State, Ms Fiona Crawford, BL, along with Garda Daire Sheridan outlined the series of events on the day which led to Orr's arrest. He told how another motorist, Charles Bonner, was driving on the dual carriageway into Letterkenny when he saw another car overtaking a series of other vehicles before pulling in front of him. Mr Bonner flashed his lights at the car but the other driver, now known to be Owen Orr, slammed on his brakes forcing the other driver to brake. Mr Bonner stopped and the driver of the other car came over, punched him in the nose, pulled the keys out of his jeep and then threw them into a hedge and drove off with the entire incident being captured on dashcam. At Dromore Lower, some kilometres down the road, Mrs Kathleen Birch and her daughter were traveling towards Letterkenny down Lurgybrack when a car pulled out and smashed into them. Mrs Birch suffered pain in her back and legs and feared her car was going to go on fire as other motorists came to her aid. The driver of the other car fled on foot but left his wallet with bank cards and identification at the scene. Garda motorcyclist Michael Kilcoyne arrived at the scene of the accident and went in search of the driver of the other car and found Owen Orr walking at nearby Cullion Road. He addressed Orr who became aggressive and assaulted the Garda by grabbing him by the neck causing his motorbike to fall to the ground. A scuffle broke out and Orr lashed out at the arresting officer by kicking him before he was taken to Letterkenny Garda Station for questioning. While in the station, Orr refused to give either a blood or urine sample to a registered nurse. The accused man was interviewed four days later when sober and the court was told he was very apologetic about the incident. Barrister for Orr, Mr Ciaran Elders, BL, directed by solicitor Frank Dorrian, said his client was very cooperative during the second interview describing him as a 'Jekyll and Hyde' character when he had alcohol taken. He added that he finds himself in a better place today and has been sober since 2023 after two periods in rehabilitation apart from a small lapse. The accused man had a total of €2,000 in compensation to offer including a sum to replace the €500 key for Mr Bonner's jeep, another €750 for the damage to his glasses and €750 to be given to a charity of Garda Kilcoyne's choice. A further €500 was also available to Mrs Birch while the court was also told that civil proceedings are also ongoing arising from the collision. Mr Elders added that his client was now trying to put his life back together and was a man with a high IQ with five children, the oldest of which were also academically gifted and wanted to attend college. Judge Roderick Maguire addressed the accused and asked him how his family were now keeping and how his life was now that he is trying to remain sober. Orr said that he was attending AA meetings four times a week. The reason the case has taken so long to come before the court was that Orr was involved in a very serious car accident during Covid lockdown and was seriously injured, the court was told. Mr Elders suggested to Judge Maguire that if he was considering a custodial sentence that perhaps he would consider suspending the sentence for a long period so his client could be encouraged not to engage in negative behaviour again. He added that now that it appears that Orr has been rehabilitated and has also come a long way since this incident in 2019, he was not sure how a custodial sentence could benefit Orr or society at large. He said Orr was available to undertake community service and ended by asking the court to be as lenient as possible. Judge Maguire said he will deliver his final sentence next week.
Sunday World
07-07-2025
- Sunday World
‘People who assault gardaí can expect prison': Tallaght man spat in garda's eye
'simple as that' | Jordan Mallon (26) appeared before Judge William Aylmer at Tallaght District Court Jordan Mallon was jailed over the incident. Photo: Paddy Cummins. Jordan Mallon (26), of Donomore Crescent, Tallaght, appeared before Judge William Aylmer at Tallaght District Court facing five charges arising from a series of offences on October 14, 2024. He pleaded guilty to assaulting Garda James Cullen, violent behaviour in a garda station, criminal damage to a bus stop and two public order charges relating to intoxication and threatening behaviour. The court heard that gardaí were called to Castletymon Road in Tallaght after Mallon was seen kicking and smashing a bus stop shelter. He was intoxicated and acting aggressively. Gardaí arrested him and conveyed him to Tallaght Garda Station. There, while in custody, Garda Cullen stood beside the accused when Mallon suddenly turned his head and spat directly into the garda's face and eye. Garda Cullen was brought to Tallaght University Hospital and a garda doctor was contacted to assess the risk of exposure. While the saliva contained no blood and the risk was deemed low, the court heard that the incident was highly distressing. Garda Cullen returned to duty after receiving medical attention, the court was told. The court heard Mallon was 'extremely aggressive' throughout the incident and that assistance was required to restrain him. He has 38 previous convictions, including multiple offences under the Criminal Justice (Public Order) Act, with his most recent convictions recorded in March and June 2025. Defence solicitor Michael Hennessy said his client had already personally apologised to Garda Cullen and was 'shocked by his own behaviour' after viewing CCTV footage of himself. 'He regrets the incident profoundly,' Mr Hennessy said. 'It was disgraceful, and he's thankful the garda did not suffer lasting harm." Counsel submitted that Mallon failed to process the grief of his father's death in a mature way and fell into alcohol misuse. "He's now 26, and since March this year, he's been sober, attending AA, and is due to start a job on Monday," counsel said. Judge Aylmer, however, asked: 'How can an apology ring true at all, when it comes after this man's record of persistent offending?' 'This was a garda simply doing his job,' he added. 'To be spat in the face and eye is utterly unacceptable. Fortunately, no lasting harm occurred, but this court must mark the seriousness of the offence. People who assault gardaí can expect prison. It's as simple as that.' Jordan Mallon was jailed over the incident. Photo: Paddy Cummins. Today's News in 90 Seconds - July 7th Judge Aylmer convicted Mallon under Section 19 of the Criminal Justice (Public Order) Act 1994, imposing a nine-month sentence, reduced to eight months to reflect the early guilty plea. He suspended four months for 12 months on condition that Mallon engage fully with the Probation Service, participate in a Restorative Justice programme and address alcohol misuse, violent and criminal damage behaviours. The court requested a final exit report. 'If he does not cooperate fully,' Judge Aylmer warned, 'he will serve the remaining sentence.' Mallon was also ordered to enter a €300 peace bond. The custodial sentence related specifically to the assault on Garda Cullen, with all other offences taken into account. Funded by the Courts Reporting Scheme.
Irish Independent
05-07-2025
- Irish Independent
‘People who assault gardaí can expect prison. It's as simple as that': Judge to man who spat in garda's eye
Jordan Mallon (26), of Donomore Crescent, Tallaght, appeared before Judge William Aylmer at Tallaght District Court facing five charges arising from a series of offences on October 14, 2024. He pleaded guilty to assaulting Garda James Cullen, violent behaviour in a garda station, criminal damage to a bus stop and two public order charges relating to intoxication and threatening behaviour. The court heard that gardaí were called to Castletymon Road in Tallaght after Mallon was seen kicking and smashing a bus stop shelter. He was intoxicated and acting aggressively. Gardaí arrested him and conveyed him to Tallaght Garda Station. There, while in custody, Garda Cullen stood beside the accused when Mallon suddenly turned his head and spat directly into the garda's face and eye. Garda Cullen was brought to Tallaght University Hospital and a garda doctor was contacted to assess the risk of exposure. While the saliva contained no blood and the risk was deemed low, the court heard that the incident was highly distressing. Garda Cullen returned to duty after receiving medical attention, the court was told. The court heard Mallon was 'extremely aggressive' throughout the incident and that assistance was required to restrain him. He has 38 previous convictions, including multiple offences under the Criminal Justice (Public Order) Act, with his most recent convictions recorded in March and June 2025. Defence solicitor Michael Hennessy said his client had already personally apologised to Garda Cullen and was 'shocked by his own behaviour' after viewing CCTV footage of himself. 'He regrets the incident profoundly,' Mr Hennessy said. 'It was disgraceful, and he's thankful the garda did not suffer lasting harm." Counsel submitted that Mallon failed to process the grief of his father's death in a mature way and fell into alcohol misuse. "He's now 26, and since March this year, he's been sober, attending AA, and is due to start a job on Monday," counsel said. Judge Aylmer, however, asked: 'How can an apology ring true at all, when it comes after this man's record of persistent offending?' 'This was a garda simply doing his job,' he added. 'To be spat in the face and eye is utterly unacceptable. Fortunately, no lasting harm occurred, but this court must mark the seriousness of the offence. People who assault gardaí can expect prison. It's as simple as that.' Judge Aylmer convicted Mallon under Section 19 of the Criminal Justice (Public Order) Act 1994, imposing a nine-month sentence, reduced to eight months to reflect the early guilty plea. He suspended four months for 12 months on condition that Mallon engage fully with the Probation Service, participate in a Restorative Justice programme and address alcohol misuse, violent and criminal damage behaviours. The court requested a final exit report. 'If he does not cooperate fully,' Judge Aylmer warned, 'he will serve the remaining sentence.' Mallon was also ordered to enter a €300 peace bond. The custodial sentence related specifically to the assault on Garda Cullen, with all other offences taken into account.
