A Dublin man has received a suspended sentence after he admitted repeatedly assaulting his brother who he was caring for.
James Ahearne (49) fractured his brother’s arm in one assault. He continues to be his brother’s carer and the injured party, Mark Ahearne, has since withdrawn his complaint to gardaí.
Judge Melanie Greally noted that the injured party has a significant psychiatric condition which “entails very challenging behaviour”.
She said this was a case of caregiver stress and imposed 18 months, which she suspended in full on condition James Ahearne take any support he requires as a carer.
Garda Tony Galway said he had not been granted access to medical reports since the injured party made his original complaint.
Dublin Circuit Criminal Court heard these stated that Mark Ahearne had suffered a fractured bone in his arm in one assault and had bruising on his ribs from another.
James Ahearne, of College Drive, Terenure, Dublin, pleaded guilty to assaulting his brother causing him harm at their home on August 2nd, September 2nd and September 5th, 2017. He has two previous minor road traffic convictions.
Judge Greally noted that the assaults had occurred while James Ahearne was suffering from a bereavement, family strife and “a general sense of being abandoned” as the sole carer for his brother.
Gda Galway told Sinead McMullan BL, prosecuting, that he and colleagues were called to the family home by the injured party on September 24th, 2017.
Mark Ahearne told gardai that his brother had kicked him in the back during one incident, hit him with a spade handle in another and assaulted him with a mop handle in a final attack.
After a “heated verbal exchange” between the two brothers the injured party, who is in his 50s, called gardaí to the house and then revealed the earlier assaults. He withdrew his complaint in October 2017.
Gda Galway agreed with lawyers for Ahearne that he had been allowed back into the family home to care for his brother and that he is not aware of any other incidents since.
The garda accepted that the family dynamics with other siblings had not been great.
Judge Greally took into account his total co-operation, his lack of relevant previous convictions and the fact he is working with services to address his risk factors to offending.
She ordered that he undergo 12 months supervision with The Probation Service and that he take up all assistance offered to him for his employment and accommodation needs.