Wicklow man given 120 hours of community service for assaulting 82-year-old neighbour outside home
The Wicklow PeopleA man who carried out a serious assault on his elderly neighbour in Wicklow has been deemed suitable for community service, with a judge stating she remains “horrified” by the incident.
Desmond Feeley (72), with an address at Windsor Road, Rathmines, Dublin 6, appeared at Wicklow Circuit Criminal Court for sentencing after he pleaded guilty to one count of assault causing harm.
Garda Stephen O’Shea of Wicklow Town Garda Station told the court that on December 12, 2024, Mr Feeley waited for the 82‑year‑old victim to return to his home in Barndarrig, County Wicklow. When the man arrived and sat in his car, the accused approached and attacked him, delivering kicks, punches, jabs, and a headbutt.
The court was told that during the attack, the injured party’s handbrake got “knocked”, causing the car to roll five metres and hit a nearby traffic cone. Counsel for the prosecution, Mr Kelly, stated that the incident continued while the car was moving and that after the assault, the car was deemed unroadworthy due to damage sustained.
After the incident, the complainant asked for an ambulance, to which Mr Feeley replied: “You’re getting no ambulance, I’m going to kill you.”
The victim was brought to a GP emergency clinic, which referred him to Wexford General Hospital.
Mr Feeley was arrested and gave gardaí his version of events during interview. Gda O’Shea noted that the pair are neighbours and live in semi-detached houses near each other.
In a victim impact statement read to the court by prosecution counsel James Kelly, the injured party said he “couldn’t sleep” following the incident and that he no longer felt he could trust anyone.
He said the assault had changed his life and that it could have been much worse.
During cross-examination by defence barrister Eamonn O’Moore, instructed by Michael O’Connor, the court was told that Mr Feeley suffered from leukaemia in the 1990s and has retired after working as an independent contractor.
Mr Kelly informed the court that the maximum tariff for assault causing harm is 10 years.
In mitigation, Mr O’Moore stated that Mr Feeley’s daughter was present in court and that the assault was completely out of character, as the accused has no previous convictions. He added that Mr Feeley is an avid fly fisher and part of an angling club.
In her judgment, Judge Sinéad Ní Chúlacháin said this was not a “one punch” incident but a serious and sustained assault.
She noted that the accused continued the attack, and that the injured party’s sense of security in his own home has been taken from him.
The judge said there were a number of aggravating factors, but also acknowledged that the accused had been a pro-social member of society.
Judge Ní Chúlacháin set a headline sentence of two and a half years’ imprisonment, but directed the preparation of a probation report.
She indicated she would consider imposing 120 hours of community service in lieu of a custodial sentence.
The matter was adjourned to Thursday, April 29, where the court was told that Mr Feeley was suitable for community service. Judge Ní Chúlacháin remarked that she was “still horrified”.