A judge has told a man who bit two gardaí after telling them he had HIV that he is at the “last chance saloon stage” and must address his addiction issues.
Judge Pauline Codd made the comments on Thursday while imposing a 20-month sentence, with the final six months suspended, on Dean O’Neill.
She said it is time for the 31-year-old to address his addiction issues and that he is “at the last chance saloon stage” of his life.
Judge Codd said any offence committed against a member of An Garda Síochána is “serious”.
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“Gardaí go out every day and put themselves on the line to protect the community,” she said, adding that it was “outrageous” for gardaí to be treated in this way.
Judge Codd said it is “little wonder” that members of An Garda Síochána are leaving the force when they have to deal with behaviour of this type. “Gardaí should not have to put up with threats to their physical safety in the course of their duties,” she said.
She noted that while O’Neill was not suffering from HIV, the injured parties “did not know that at the time”.
The court heard O’Neill became aggressive and abusive after officers in the custody suite at Kevin Street Garda station told him they would carry out a routine search following his arrest on April 13th, 2023.
O’Neill said: “The first person to come near me is getting bitten.” He also told gardaí that “no one is going to search me ... I’ve got HIV”.
He bit one garda, who was wearing latex gloves, during the search. His glove was damaged, but the skin was not broken.
Four members of An Garda Síochána then had to restrain O’Neill, before taking him to a cell.
He made attempts to bite and spit at gardaí while the search was carried out in the cell. Another garda felt a burning sensation in his hand and observed a tooth indentation, but the skin was not broken.
O’Neill does not have HIV, the court heard. CCTV from the Garda station was played to the court, but the second incident was not captured on the footage.
Sgt Hugh O’Carroll told Carol Doherty BL, prosecuting, that it is “standard procedure for all prisoners” to be searched in custody “for their safety and the safety of the gardaí”.
He said one of the injured parties went on sick leave following this incident, but neither officers required any medical treatment. Both men have since resigned from An Garda Síochána for unrelated reasons.
O’Neill of Lower Dorset Street, Dublin 1, pleaded guilty to two counts of assaulting a peace officer in the course of their duties on April 13th last. A further count of making threats to kill or cause serious harm was taken into consideration.
O’Neill has 109 previous convictions, including drugs and public order offences.
Sgt O’Carroll agreed with Nicola Cox BL, defending, that her client was arrested after being found in possession of unprescribed medication. It was also accepted that he was intoxicated at the time.
Ms Cox outlined to the court that her client has had difficulties with addiction since he was a teenager.
Ms Cox said her client had “no reason to act in this way” and there was no rationale behind his behaviour.
Since entering custody, he has been dealing with his addiction issues and on a waiting list for drug counselling.
Judge Codd said the aggravating factors include O’Neill’s previous convictions. The judge noted that mitigating features include the guilty plea, his background and efforts to deal with his drug issues.
Judge Codd expressed the hope that O’Neill would “endeavour to find” any supports he needs to help him address his addiction following his release from custody.
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