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Man in his sixties who used bat to attack plain-clothes garda after forced entry to home loses appeal

Summary

Victor Akinlade, a man in his sixties, has lost his appeal against convictions for violent disorder, assault causing harm, and the production of a baseball bat. In May 2022, a jury at Dublin Circuit Criminal Court unanimously convicted Akinlade, who had pleaded not guilty to all three charges. He was sentenced to five years for violent disorder, four years for assault causing harm, and a further four years for producing the bat used to assault Garda Jonathan Ryan, with all sentences to run concurrently. The trial concerned an incident in May 2018 in Carrickmines, where Akinlade alleged he attacked an unidentified intruder who smashed his door glass. Garda Ryan testified that he had identified himself as a plain-clothes officer and that Akinlade struck him with the bat. On appeal, Akinlade argued he did not know the officer was a Garda and claimed the injuries were self-inflicted. Ms Justice Úna Ní Raifeartaigh dismissed the appeal, ruling that the Section 18 defence was unavailable because the force was used against a member of An Garda Síochána acting in the course of duty. She further determined that the legality of the Garda's entry was a minor issue for the jury and that no injustice was caused by the trial judge's failure to rule on it.

Who, what, where, when and why

What: Report matter: Man in his sixties who used bat to attack plain-clothes garda after forced entry to home loses appeal. Charges or matters: all three charges. Procedural stage: appeal

When:

• May 2022 Incident
• May 28, 2018 Incident
• 2024-03-15 Publication

Why: Mr Akinlade, when interviewed, claimed he did not know the Garda was an officer because he did not identify himself and that he was dressed in such a way that the appellant thought he was a "junkie or a Traveller". CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report