Three year sentence for man who kicked garda in the face

A 22 year-old north Dublin man who kicked a garda in the face and in a separate incident viciously assaulted a man in his fifties on Christmas morning has been jailed for three years by Dublin Circuit Court.

A 22 year-old north Dublin man who kicked a garda in the face and in a separate incident viciously assaulted a man in his fifties on Christmas morning has been jailed for three years by Dublin Circuit Court.

Judge Desmond Hogan said Dean O’Driscoll, of St Attracta Road, Cabra, Dublin 7, had a propensity towards violence and imposed concurrent three and two year sentences.

O’Driscoll pleaded guilty to violent disorder and assaulting Michael Stapleton causing him harm Drumcliffe Road, Cabra on December 25, 2003 and to resisting arrest at Fassaugh Avenue on July 24, 2005.

He denied assaulting Garda Kevin Higgins causing him harm at Fassaugh Avenue but was found guilty by a jury earlier this year. Defence counsel Derek Cooney said his client refused to accept the jury’s verdict and therefore no plea of mitigation could be offered.

A co-accused in the attack on Mr Stapleton, Anthony Ducque, aged 23 of Dingle Road, Cabra, will be sentenced early next year.

Detective Garda Michael Gibbs told Dominic McGinn BL, prosecuting, that Mr Stapleton had been socialising with friends and family on Christmas Eve and was walking home in the early hours of Christmas morning.

A group of youths, including Ducque and O’Driscoll, attacked Mr Stapleton. He was forced to the ground, hit with bricks and kicked in the head. He was treated in hospital for head injuries but later made a full recovery.

Mr Stapleton told Judge Hogan he had not known his attackers "from Adam" and had since lost his confidence and avoids groups of people. He refused an offer of €2,500 from each man as a token of remorse.

Judge Hogan heard that in July 2005 an attempt was made to arrest O’Driscoll on the street in relation to trespass at a garda station. He violently resisted and Gda Higgins fell to the ground during O’Driscoll’s attempt to get away. As Gda Higgins lay on the ground O’Driscoll kicked him in the face before running away.

Gda Higgins told the court that he suffered a cut lip and broken nose. He said he was now more apprehensive of situations but had made a full recovery.

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