A 33-YEAR-OLD man told a Garda to “f**k off or I will bite your f*****g jaw off” before biting him on the hand.
At Ennis Circuit Court, Judge Francis Comerford has imposed an 18-month prison term, with the last 14 months suspended, on Jeffrey Kelly for the bite assault on Ennis-based Garda Michael O’Neill.
A native of Limerick and formerly of Laurel Lodge, Ennis, Mr Kelly pleaded guilty to the assault causing harm of Garda O’Neill in the early hours of March 5 this year while resisting arrest outside an address at Cnoc na Scoile on Ennis’s Kilrush Road.
In evidence, Garda Sean O’Sullivan described how Mr Kelly was increasingly aggressive and when restrained by Gardaí, explaining that “he kicked out and spat at Gardaí”.
Garda O’Sullivan said that one of the kicks made contact with his head, while some of Mr Kelly’s spittle also landed on his head.
Garda O’Sullivan said that Mr Kelly bit down on the hand of Garda O’Neill and drew blood.
He said that Garda O’Neill sought medical assistance and required an update tetanus injection.
Counsel for the State, Sarah Jane Comerford BL, instructed by State Solicitor for Clare, Aisling Casey, said that Garda O’Neill underwent blood tests which returned negative for infection after the bite.
Garda O’Sullivan said that Mr Kelly has 114 previous convictions that include aggravated burglary, burglary, robbery, assault, criminal damage, theft, and drug possession.
Imposing sentence, Judge Comerford said that the bite injury sustained by Garda O’Neill “was not a serous injury and there was minimal bleeding”.
He said that “the bite was not deep but was still a bite into the flesh and blood of a person and could have terrible consequences”.
Counsel for the accused, Patrick Whyms BL, instructed by solicitor Tara Godfrey, contended that “if the victim wasn’t a Garda the matter wouldn’t be in the Circuit Court”.
Judge Comerford said that Mr Kelly “has a very bad record” and his offences “go back to a young age”. Mr Whyms said that Mr Kelly had a traumatic childhood.
Judge Comerford said that if Mr Kelly keeps on offending, he risks serving a life sentence in instalments as described by criminologists.
Mr Whyms said that, on the night in question, Gardaí were not the focus for Mr Kelly’s anger “and he had no intent to behave badly towards Gardaí”.
Mr Whyms said that “Mr Kelly wishes me to apologise to Gardaí for his behaviour and to Garda O’Neill.”
He added that Mr Kelly had been using illicit substances on the night and was informed by an associate that he had a seizure a short time before the incident.
Mr Whyms stated that all of Mr Kelly’s previous convictions arise from his alcohol and drug addiction issues.
Judge Comerford said that the headline sentence for the bite assault was 26 months and reduced the sentence taking into account the early plea of guilt.
Mr Kelly has been in custody since March 4 and, in his sentencing, Judge Comerford gave credit for the seven weeks served in custody on this offence alone during that time.
