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Man has assault conviction for spitting on neighbour overturned

Summary

Anthony Finnegan, 46, of Portmarnock, had pleaded guilty to assault for spitting on a neighbour from a second‑floor window and was fined €300. He appealed, arguing the sentence was too severe. The District Court Appeals Court heard that the victim, who had asthma, reported the incident to Garda Jordan Metcalfe, who noted the spit struck her leg and shoe. Defence counsel Lydia Daly BL highlighted ongoing neighbour disputes and a restraining order against the victim. The victim's impact statement described the act as violent, causing stress‑related asthma attacks and flashbacks. Judge Deirdre Browne acknowledged the wrongdoing but focused on the conviction's impact on Finnegan, who had already paid €500 as an expression of remorse. The judge struck the conviction from his record, allowing the appeal to succeed.

Who, what, where, when and why

What: Report matter: Man has assault conviction for spitting on neighbour overturned. Procedural stage: appeal. Findings: Convicted

When:

• November 20, 2023 Incident
• 2025-11-06 Publication

Why: The woman said that although Mr Finnegan said he was sorry, she believed this was not because of remorse but for convenience. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report