A man with an acquired brain injury who repeatedly punched a garda in the face has received a fully suspended sentence.
Paul Rooney (30), who suffered the injury in a 2003 hit-and-run incident, attacked a garda after being caught dragging a bike still attached to a bike rack down a busy Dublin city street.
Rooney, of Railway Street, Dublin 1, pleaded guilty to one count of assaulting Garda Patrick Barker at Beaver Street on January 19th, 2019. The court heard that Rooney punched him five or six times in the face after being apprehended.
He has 37 previous convictions for offences including criminal damage, theft and handling stolen property.
Judge Martin Nolan had previously adjourned the matter and ordered that it return to court immediately in the meantime if Rooney commited any further offences. He expressed concerns that the accused would “injure somebody badly” in the future.
Passing sentence on Thursday, Judge Nolan said Rooney had behaved well since the previous sentencing hearing. He said that “principally by reason of his medical history” he was not going to imprison him.
Judge Nolan sentenced him to 2½ years imprisonment, but suspended the entirety of the sentence on strict conditions.
The trial heard that Rooney’s brothers and mother appeared on the scene after he attacked the garda and attempted to placate him, with his mother administering medication in an attempt to calm him down.
Garda Barker suffered a cut to the nose during the assault. Rooney was arrested and was extremely apologetic to the garda once his medication took effect, the court heard.
Judge Nolan accepted submissions by defence counsel, Gerardine Small BL, that Rooney has a significant brain injury. However, he noted Rooney’s history of offending had grown more serious in recent years.
“The problem I have is that he has this condition and he keeps committing crimes,” he said. “What is this court supposed to do?”
The judge noted the court had only “one tool left in the box” and that while he was sorry for Rooney, “ he is going to have to conform”.