Man who fractured garda's teeth has part of sentence re-activated

A man who was jailed three years ago for terrorising his neighbours in a drunken early morning attack while wearing only his boxer shorts and assaulted a garda has had a suspended sentence partly re-activated.

Joseph Cahill (aged 28) had been a given a four-year sentence in July 2008 but Judge Patricia Ryan had suspended the final year on condition that he cooperate with the probation service and attend for alcohol treatment.

The court heard during the sentence hearing in 2008 that Cahill head-butted garda Donal O’Sullivan and kneed him in the face as he was being arrested after bursting into a neighbour’s house claiming to be looking for his sister.

Cahill of Bawnlea Avenue Tallaght, pleaded guilty at Dublin Circuit Criminal Court to criminal damage, trespass and assaulting Gda O’Sullivan causing him harm on August 10, 2006. He had 28 previous convictions.

Gda O’Sullivan had several teeth fractured and chipped, requiring on-going dental treatment.

The court heard today that the case had been brought back before Judge Ryan because Cahill had not attended meetings with his probation officer.

He has also since been convicted of a District Court offence for which he received a four-month sentence last month. He is due for release next September.

Judge Ryan re-activated three months of the previously suspended 12-month sentence.

Garda Maria Dempsey told Mr Sean Gillane SC, prosecuting, at the hearing in 2008 that the incident began when Cahill woke a woman at 3.30am by knocking on her door and began “shouting and screaming” for his mother and sister who he seemed to believe were in the house.

She opened her door after he threatened to throw a brick through the window and ran around the house “shouting and roaring” while she tried to calm him down.

Gda Dempsey said Cahill also shouted profanities at her daughter who had been awoken by the commotion. He eventually left the house but soon returned and the woman saw “the door coming in on top of her”.

The gardaí were alerted and found the partially clothed Cahill further down the street. Gda Dempsey said Cahill became violent as she and Gda O’Sullivan attempted to arrest him. Another individual tried to help him resist arrest and a struggle ensued as they tried to get him into the patrol car.

Gda Dempsey said Cahill grabbed at her and then head-butted Gda O’Sullivan who came to her assistance. Gda O’Sullivan was also kneed in the face by Cahill but still managed to restrain him.

Gda Dempsey said the woman and her daughter remained “very frightened” for days after the incident.

Gda O’Sullivan told Judge Ryan that two of his fractured upper teeth had been replaced by porcelain dentures. Other teeth were chipped and resultant nerve damage caused difficulties eating and drinking.

Defence counsel, Mr Bernard Condon SC, said he was instructed to apologise to all those Cahill had met on the night when he had drink taken. “This was not a determined, thought out, planned attack.”

Mr Condon said Cahill’s “personal and emotional difficulties” were driven by the break-up of his family. He accepted responsibility for the incident and had the “miserly sum” of €1,000 to offer as compensation.