Courts / Dublin / Report

"Out of his head" burglar who assaulted pensioner and his daughter is jailed

Date
2018-03-08
Stage
Sentence
Primary locality
Dublin
County
Dublin

Summary

Gary O'Brien, aged 20, was jailed for three years after pleading guilty to burglary and two counts of assault at a Dalkey home on 26 September 2017. He had been "out of his head" on tablets and Sambuca and was restrained by a 74‑year‑old man on the bathroom floor until Garda arrival. O'Brien, who has 49 prior convictions, suffered an acquired brain injury at 16 after being struck with a hammer, a fact noted by Judge Martin Nolan. The judge imposed a three‑year sentence, consecutive to a 22‑month district court term O'Brien is serving, citing the brain injury as a mitigating factor. The burglary caused €3,000 of damage, and the victim's daughter, aged 40, described feeling "battered" and anxious the following day. O'Brien claimed he had no memory of the events and had not intended to harm the occupants. The case was heard at Dublin Circuit Criminal Court.

Who, what, where, when and why

What: Report matter: "Out of his head" burglar who assaulted pensioner and his daughter is jailed. Charges or matters: burglary and two counts of assault at the family's home in Dalkey on September 26, 2017. Procedural stage: sentence

When:

Case subjects

Gary O'Brien

Defendant

Charges: burglary and two counts of assault at the family's home in Dalkey on September 26, 2017 (Admitted)

Plea: Guilty

Outcome: He imposed a three year sentence, consecutive to a 22 month district court sentence that O'Brien is currently serving. Judge Nolan said the sentence would have been longer if it were not for the particular circumstances of O'Brien's acquired brain injury.

Places mentioned

Residence
Court Venue
  • Dublin
  • Dublin Circuit Criminal Court

Topics

Burglary Stage Sentence Violent Crime

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