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25 Sept 2022

Suspended sentence after breaking window with wooden chair

The man became embroiled in a disagreement over the volume of the music he was playing

Letterkenny court house.

Letterkenny court house.

A Cork man who became embroiled in a disagreement over the volume of the music he was playing broke the window of a car with a wooden chair.

During the incident, Jason O’Connor (32) had to be restrained by an off-duty Garda and assaulted another man.

O’Connor was charged with the incident on May 12, 2020 at a house in Buncrana.

O’Connor was given a three-month prison sentence, which Judge Deirdre Gearty suspended for 18 months.

Gardaí received a call at 10pm and Sergeant Jim Collins said O’Connor was ‘behaving aggressively’.

He had to be restrained by an off-duty Garda who was present. During the course of the restrained, he smashed the rear passenger window of a car and caused extensive panel damage.

When conveyed to Buncrana District Court, O’Connor kicked doors and continued to be violent throughout. The court heart that he assaulted another person by ‘kicking out and lashing out. No serious injuries were caused, the court was told.

“He was in a house playing music and the injured party took umbrage with the volume,” solicitor for O’Connor, Mr Donough Cleary, told the court. “He went into the house, took a speak and Mr O’Connor retaliated with a wooden chair.”

O’Connor was also charged in connection with an incident on April 15, 2020 at Ballyboe, Glencar. When Gardaí approached O’Connor, he dropped a silver wrapper. A search, under the Misuse of Drugs Act, was carried out and a substance was located. A presumptive drugs test confirmed that the substance was cannabis, valued at €20.

Mr Cleary said: “He had secured a place in the armed forces, but he was unable to hold that down because of his difficulties.

“He has had struggles with mental health and he concedes that he has addiction issues.

“He has had difficulty in the past getting into trouble. His mother has taken a big interest and has been in regular contact with me. He is free of substance abuse, but it is a struggle. This was an unfortunate incident, but it was somewhat provoked.

O’Connor is currently serving a two-month prison sentence and is due to be released in May.

O’Connor has previous convictions for assault, theft, public order and road traffic matters, the court heard.

Judge Deirdre Geartty said she was sentencing O’Connor to three months in prison for a section two assault. Judge Gearty suspended the term for 18 months on O’Connor’s own bond of €250.

O’Connor is to attend the Probation Service in Cork following his release from prison. The other charges were marked as taken into consideration by Judge Gearty.

Judge Gearty said: “I am not going to add to the prison time, but this will be hanging over you for 18 months.”

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