Sunday 25 September 2016

'Much loved' dad stabbed man who abused daughter over phone

Ruaidhrí Giblin

Published 08/04/2016 | 02:30

'It was a “very sad situation for everybody”, said the prosecuting garda' Stock picture: Getty/iStockphoto
'It was a “very sad situation for everybody”, said the prosecuting garda' Stock picture: Getty/iStockphoto

A "much loved grandfather" who lost control and stabbed his daughter's partner when he heard him abuse her over the phone has had his jail term cut on appeal.

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Brian Hynes (64), with an address in Carbury, Co Kildare, had pleaded guilty at Naas Circuit Criminal Court to assault causing harm and producing an article at the home of his daughter and her partner on October 16, 2010.

He was sentenced to four years' imprisonment, with the final 18 months suspended on June 21, 2012.

Hynes was granted bail pending his appeal against sentence which resulted in a new sentence of four years imprisonment with the final two and a half years suspended - reducing his jail term by one year.

Giving judgment in the Court of Appeal, Mr Justice John Edwards said Hynes's daughter had been in a 20-year-long "difficult relationship" with the injured party and they had two young children together.

The prosecution's case was that Hynes was at home when his daughter, who was visiting, received an audibly "abusive and implicitly threatening" phone call from her partner "railing about why she was not yet home", Justice Edwards said.

Bayonet

Hynes, who had been drinking, armed himself with "a bayonet-type knife" and walked over to his daughter and partner's home which was minutes away.

He "immediately attacked the injured party in a frenzy" inflicting six stab wounds to his leg, the judge said.

Hynes told gardaí he brought the knife "to protect myself and just to frighten him. I had no intention of doing harm to him. It was just scare tactics, but I can't recall even being there".

The prosecuting garda told the sentencing court that Hynes was a "good, hardworking man", and that there had been a history of domestic violence in his daughter's relationship.

It was a "very sad situation for everybody", said the prosecuting garda, and wouldn't have happened but for the sad family history and Hynes's intoxication on the night in question.

The court heard Hynes had remonstrated with the injured party on previous occasions in relation to the treatment of his daughter and had never reacted with violence.

The difficulties experienced by his daughter had led to him developing a difficulty with alcohol and the abusive phone call was "the straw that broke the camel's back".

Hynes had no previous convictions and was normally inclined to repress his anger, the Court of Appeal judgment stated. Hynes was required to enter into a good behaviour bond of €500 for the suspended period.

Irish Independent

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