Courts / Dublin / Report

'Abhorrent' station spitter gets jail term overturned

Date
2026-03-19

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

Marian Dumitru, a 39-year-old appellant, had his three-month custodial sentence overturned and replaced with a fully suspended term on appeal. Dumitru was previously convicted in the District Court of an assault at Store Street Garda Station, contrary to section 2 of the Non-Fatal Offences Against the Person Act, 1997. He was also charged with intoxication in a public place and threatening and abusive behaviour on Beresford Place. The District Court of Appeal heard that Dumitru was arrested on September 9, 2023, after being observed in a highly intoxicated state. Sergeant Tom O'Connor testified that Dumitru spat at a garda while in a cell, an act the court described as abhorrent. O'Connor noted Dumitru has 65 previous convictions. Defence counsel Lydia Daly BL argued that Dumitru, who had previously lived in homeless accommodation, had completed a detox program and requested a suspended sentence to allow him to engage with probation services. Judge Alec Gabbett accepted the appeal against the severity of the sentence. He suspended the three-month jail term for a period of 24 months, leaving the sentence hanging over the defendant. The judge also imposed a condition requiring Dumitru to attend addiction counselling.

Who, what, where, when and why

What: Report matter: 'Abhorrent' station spitter gets jail term overturned. Procedural stage: appeal. Findings: Convicted

When:

September 9, 2023 Incident
2026-03-19 Publication

Case subjects

Marian Dumitru

Appellant

Finding: Convicted

Outcome: Convicted; Dumitru was sentenced to three months in custody and later lodged an appeal against the severity of his sentence. She asked the judge to consider suspending the sentence so that Dumitru could continue to engage with probation services.