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'Exceptional provision' invoked as man who attacked garda who helped him avoids sentence
Summary
Shane Halpin, 25, of Lusk, Co Dublin, pleaded guilty at Dublin Circuit Criminal Court to assaulting Garda Derek Dalton, causing him harm, at his address on September 2, 2018. Judge Melanie Greally desisted from imposing a sentence and discharged Halpin from the indictment forthwith. The judge previously imposed an indicative sentence of two years imprisonment, deferred until April 1, contingent on Halpin complying with a bond to keep the peace and be of good behaviour. The case was automatically referred to the current date due to the pandemic. Judge Greally invoked an exceptional provision to minimise the effect of the conviction, describing the incident as a complete aberration for a defendant with no previous convictions. Prosecution evidence stated that Garda Dalton had driven the intoxicated Halpin home after finding him unconscious on the road. Halpin allegedly became aggressive, grappling with the garda, ripping his radio and torch, and biting him on the hand and knee. Garda Dalton suffered a fractured hand bone, bites, and a groin injury, preventing him from returning to duty for six months. The judge directed Halpin to hand over €3,000 to Little Blue Heroes, a charity nominated by Garda Dalton.
Who, what, where, when and why
What: Report matter: 'Exceptional provision' invoked as man who attacked garda who helped him avoids sentence. Charges or matters: assaulting Garda Derek Dalton causing him harm at his address on September 2, 2018. Procedural stage: sentence
When:
- September 2, 2018 Hearing Or Sentence
- April 1 Hearing Or Sentence
- 2020-06-24 Publication
Why: The court heard that the case was automatically referred in April to today's date because of the pandemic. Court evidence reported by CNI
Case subjects
Defendant
Charges: assaulting Garda Derek Dalton causing him harm at his address on September 2, 2018 (Admitted)
Plea: Guilty
Outcome: Judge Melanie Greally previously imposed an indicative sentence of two years imprisonment and deferred the sentence until April 1. Judge Greally said she desisted from imposing a sentence and instead discharged Halpin from the indictment forthwith.
Places mentioned
- Dublin
- Dublin Circuit Criminal Court
Topics
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