An aged man who attacked his neighbour’s father with a pitchfork in a dispute over the demolition of a boundary wall has obtained a totally suspended jail sentence.
Brian Mullen (77) believed the wall was his and after it was demolished he assaulted the person with a pitchfork. The sufferer sustained an damage to his face and his leg was later decided to be fractured.
Mullen of Birchview Shut, Kilnamanagh, Tallaght, was convicted by a jury following a trial at Dublin Circuit Felony Courtroom in February 2022 of assaulting John Wayne inflicting him hurt at his deal with on April thirteenth, 2019.
He was additionally convicted of manufacturing of an article and endangerment on the similar deal with on the identical date. He had pleaded not responsible to the entire prices and has no earlier convictions.
Passing sentence on Wednesday, Choose Elma Sheahan mentioned she would droop a custodial sentence of 20 months given that Mullen haven’t any interactions with the sufferer. She mentioned she was making an allowance for his age, his regret and his earlier good document.
She additionally famous that he had introduced a sum of €10,000 to court docket as a sensible demonstration of his regret.
Garda Mark Fall advised Diana Stuart, prosecuting, that on the date in query, Mr Wayne attended at his son’s home to help in taking down the wall in his again backyard.
Gda Fall mentioned on foot of the development work there was a dispute between them and Mullen, the next-door neighbour. Sure phrases had been exchanged and Mullen sprayed water from a hose over the wall.
They demolished the wall and Mullen obtained concerned in an altercation, in the end assaulting Mr Wayne with a pitchfork. Mr Wayne sustained an damage to his face. His leg was later decided to be fractured.
Gda Fall agreed with George Burns, defending, that his consumer had contacted gardaí on two earlier events previous to this incident and known as gardaí once more on the day.
The garda agreed with counsel that his consumer believed the wall in query was his.
Mr Burns mentioned his consumer accepts the decision of the jury and is remorseful for what occurred. He mentioned his consumer had introduced the money to court docket as a gesture of goodwill. Ms Stuart advised the court docket that Mr Wayne was prepared to simply accept these funds.
Counsel mentioned his consumer dropped the pitchfork when he went up on to the roof and solely picked it up when different events approached. He mentioned his consumer acted impulsively and in response to a perceived provocation that he felt.
He requested the court docket to think about that his consumer is a person of very superior years and of great unwell well being that’s deteriorating to a level.