A judge has desisted from imposing a sentence upon a man for attacking and biting a garda who had driven him home after finding him lying in his own vomit on the side of the road.
Shane Halpin (25), of Fouillard Lane, Lusk, Co Dublin, pleaded guilty at Dublin Circuit Criminal Court to assaulting Garda Derek Dalton causing him harm at his address on September 2nd, 2018. He has no previous convictions.
Judge Melanie Greally previously imposed an indicative sentence of two years imprisonment and deferred the sentence until April 1st. She said that if Halpin was compliant with a bond to keep the peace and be of good behaviour to that date then she would make an order discharging him from the indictment.
The case was delayed due to the Covid-19 pandemic and Judge Greally on Wednesday said she intended to apply “an exceptional provision”. This can be invoked to minimise the effect of a conviction when the court is of the view that it would be unjust for an individual to carry a conviction into their adult life.
She said Halpin “behaved in a disgraceful way”, but that it seemed the case was “a complete aberration” and he was unlikely to end up before the courts again.
Judge Greally said she desisted from imposing a sentence and instead discharged Halpin from the indictment forthwith.
At a previous sentencing hearing, Sgt John Cannon told John Berry BL, prosecuting, that in the early hours of the day in question, gardaí received a call about a person lying unconscious on the side of the road at Blakes Cross, Lusk.
Intoxicated
Sgt Cannon said Halpin was intoxicated and appeared to have vomited on himself. Garda Dalton decided to bring him home and called for a garda van.
Garda Dalton was concerned that Haplin might not have given the correct address, so he knocked on the door and asked the accused’s mother if Halpin was welcome there.
After she said that he was, Halpin emerged from the garda van and was “quite aggressive”. Halpin started grappling with Garda Dalton and ripped his radio and torch from his person. Garda Dalton raised his arm to shield himself and was bitten by the accused on the hand.
The two men ended up on the ground and Halpin was initially subdued. Halpin, however, managed to free himself and bit Garda Dalton on the knee.
Garda Dalton suffered a fracture to a bone in his hand along with the two bites and an injury to his groin. The court heard he could not return to duty for six months as a result.
Sgt Cannon told the court that Halpin had returned from a six month internship in the US that evening and had met friends for drinks. He said Halpin had little recollection of the incident and was horrified by his behaviour as recounted by his mother the next morning.
Judge Greally said this was a very serious incident of assault that left injuries to an unfortunate garda “who was carrying out an act of considerable kindness”.
She directed that Halpin hand over €3,000, which he had with him in court, to Little Blue Heroes, a charity nominated by Garda Dalton.