Tuesday 12 December 2017

Alcoholic gets three year sentence for attacking relative with slash hook

Fiona Ferguson

A CHONIC alcoholic, who assaulted a distant relative with a slash hook causing severe injuries to his head and face has been given a three year sentence.

Patrick Daly (43) of Burton Park, Leopardstown Road pleaded guilty at Dublin Circuit Criminal Court to assaulting causing harm at Burton Hall Road on September 16, 2010.

Judge Martin Nolan noted the maximum sentence for this offence was five years.

He took into account the mitigating factors, including that Daly summoned help for his victim, and imposed a three year sentence.

Garda James Codd told Pieter Le Vert BL, prosecuting, that gardai in a patrol car were flagged down by a distressed and intoxicated Daly who told them a man had been assaulted.

He told gardai he had found the injured party who was bleeding from the face and head.

The man had suffered a skull fracture with bleeding over the surface of the brain as well as fractures to his orbital socket, nose, cheekbone and jawbone. He still has scarring to his face, suffers black outs and is on medication for seizures. He is awaiting surgery to rebuild his jaw.

The victim said he had been drinking at a halting site with the accused and remembered nothing after leaving the caravan to get timber for the fire.

Gardai recovered CCTV from the area and a slash hook from the halting site. The victim’s blood was found on Daly’s clothes and on the slash hook.

Daly was arrested and initially told gardai that the man had left the caravan and that he later found him outside covered in blood when he went to look for him.

Gardai put it to Daly that the CCTV had thrown up a number of inconsistencies in his story. He later admitted that he attacked the man with a slash hook.

He said that some clothes had gone missing from his caravan and he had spotted the victim wearing them. He also alleged items such as razors and soap had been taken from him.

Daly said he followed the man from the caravan and assaulted him.

Gda Codd agreed with Hugh Hartnett SC, defending, that he had known Daly as a heavy drinker for over a decade and he was more a nuisance than a threat to society.

He agreed this attack was out of character and of Daly’s 33 previous convictions, there were no violent offences.

Mr Hartnett said Daly was contrite and had expressed remorse towards his victim.

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