‘Unconscious’ man jailed for assault on Fire Brigade member

by Gazette Reporter

A man who was found passed out on a bus and later knocked out the two front teeth of a Fire Brigade member has been jailed for 10 months.

Daniel Smyth (28), with an address at St Mary’s Place, Dublin, pleaded guilty at Dublin Circuit Criminal Court to assault causing harm at Lower Abbey Street, Dublin 1, on July 1, 2018.

Garda Emma Brady told Grainne O’Neill BL, prosecuting, that on the date in question, Dublin Fire Brigade member Paul Bateman was on duty in an ambulance that was called to the scene of a No 41 bus to attend the accused, who had passed out on board.

Gda Brady said the accused was lying on the floor of the footwell of the downstairs backseats, and a bottle of wine was lying nearby. Mr Bateman helped him get to his feet and exit the bus.

Smyth then began to lunge at Mr Bateman once he was off the bus. He hit the injured party in the face with his hand, and knocked out his two front teeth.

The accused briefly left the scene, then returned and attempted to hit Mr Bateman again. He claimed he was a boxer and said to the accused: “Look at the state of you now with no teeth”.

In interview with gardai, Smyth said he had no memory of the assault. He said he was detoxing from benzodiazepines at the time and was not supposed to drink alcohol.

Smyth has 24 previous convictions, including convictions for assault, drug offences, public order offences and road traffic offences.

Gda Brady agreed with Aoife O’Leary BL, defending, that her client had passed out due to intoxication. She agreed that Smyth was homeless at the time of the assault.

Judge Cormac Quinn said the case was aggravated by it being a serious unprovoked attack on a man performing duties with an ambulance, and by the effect on the victim.

He said the mitigating factors were Smyth’s guilty plea, his co-operation with gardai, his personal circumstances and his being homeless at the time of the offence.

Judge Quinn sentenced him to 20 months’ imprisonment, but suspended the final 10 months of the sentence on strict conditions.

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