Man who stabbed neighbour in presence of plain-clother gardaí given two and a half years

A man who knocked his own mother to the ground in order to stab a neighbour in the presence of plain-clothed gardaí has been sentenced to two and a half years in prison by Judge Katherine Delahunt.

David Burns's mother had had heard about an earlier altercation between her son and Stephen Colmey and was standing between the two men when Burns, pushed her out of the way and ran towards his victim with a knife.

Garda Keith Hargedon, who had witnessed the assault, told Ms Una Ni Raifeartaigh BL, prosecuting, that Mr Comley (aged 35) was later found to have a stab wound between his chest and abdomen.

Burns (aged 23), with an address at Corduff Park, Blanchardstown, pleaded guilty at Dublin Circuit Criminal Court to assaulting Mr Comley causing him harm on April 26, 2008. He had 16 previous convictions, mainly public order and criminal damage offences.

Mr Comley told Judge Delahunt that he had been left with a small scar but had recovered from the assault and wanted to put it all behind him.

Judge Delahunt said at the initial sentence hearing last February, that this was "an unprovoked attack on your neighbour", before she adjourned the case and ordered an updated probation report.

She said that the crime involved the use of a weapon for "no apparent reason" but said she had taken into account Mr Comley's evidence.

Judge Delahunt said the probation report indicated that Burns was at a high risk of re-offending if he did not deal with his alcohol problem. She suspended the last year of the sentence on condition that he liaise with the probation service and undergo any treatment they direct.

"Mr Burns I will reactivate that sentence if you do not intend for treatment," Judge Delahunt warned.

Gda Hargedon said that Mr Comley and Burns had exchanged greetings earlier that day when they met en route to the local shop but some hours later Burns jumped the railings of the victim's garden and asked him for a fight.

Burns then punched Mr Comley in the head and he struck him in the nose in return before Burns ran off. His mother arrived minutes later and tried to intervene but her son showed up with a knife and told the victim: "You are going to get it now," before he attacked him.

Mr Sean Gillane BL, defending, told Judge Delahunt that his client "expressed both sorrow and shame for what he has done".

He said he had battled with depression for years and had taken a combination of alcohol and tablets that day.

Mr Gillane acknowledged that his client was lucky that "the presentation of a knife in this manner had not resulted in more tragic circumstances for Mr Comley and more serious ones for my client".