A Dublin father who “blew his top” and punched his eight-year-old daughter has avoided jail and a criminal record.
The former reserve garda pleaded guilty at Dublin District Court to two counts of assault, in a category which could carry a maximum six-month sentence per charge.
Judge John Hughes noted that the man and his daughter still had a good relationship. Over the past five months, the accused had complied with the court’s direction to complete parent and anger-management courses and bring €5,000 compensation for his daughter.
The attacks happened on August 28th, 2021, and an unspecified date in the following month.
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Her ‘no’ was clear. She did not want to go home with him. Still he went on. And on
His name is being withheld to protect the child’s right to anonymity.
Pleading for leniency, defence barrister Luke O’Higgins asked Judge Hughes to note the investigating garda thought the accused, in his thirties, had learned a lesson.
Mr O’Higgins cited his client’s good work history, lack of relevant prior convictions and that he had a good relationship with his children and still had unsupervised access to the victim.
The man also avoided taking on any work around children, including with schools, GAA clubs or Tusla.
The attacks happened on August 28th, 2021, and an unspecified date the following month.
Judge Hughes said he had noted the level of severity of the assault, that no victim impact statement was forthcoming, and the points raised in the mitigation plea as well as the financial support he provided to his ex-partner and their children.
He said he took into account the proximity in time between the two incidents when the accused was, in essence, frustrated and “blew his top” by the fact that he was unable to reprimand the child orally.
Judge Hughes said the accused had no addiction issues, and a probation report stated he was at a low risk of re-offending.
Tusla accepted he had completed a parenting course.
Judge Hughes emphasised that a clear aggravating factor was that it was an assault on a small child.
The defence version was that the child was “acting up,” but Judge Hughes remarked that the man’s behaviour was nonetheless unacceptable whether or not that was the case.
It resulted in traumatising the child with some bruising, which the defendant explained as coming from his watch as he leaned back behind his car seat and reprimanded the child through physical force after she began crying about not getting ice cream.
Judge Hughes said the man was also accused of a punch to the girl’s chest and heart area.
He noted that the accused financially contributed to his children, and “a conviction for this could have a significant effect not only on his employment but an indirect effect in respect of the victim of this assault and her siblings”.
Judge Hughes explained that he considered everything from imprisonment or suspended sentence to community service, and all options were available.
He described it as a difficult case and added that he had factored in the unique circumstances – the family dynamic was still intact, and there were no adverse relationship consequences.
In concluding his ruling, Judge Hughes stressed that he had factored in all of the available options and deemed it appropriate to apply the Probation of Offenders Act.
He ordered that the child’s guardian hold the compensation in an account until she reached the age of 18.
