Man who bit garda to be re-sentenced

A JUDGE has told a man who bit a garda’s finger that the suspended sentence he received was ‘unduly lenient’.

Brandon Power (21), 9 St Joseph’s Road, Newtownmountkennedy, was sentenced at Wicklow Circuit Court last April after pleading guilty to the assault of Garda Thomas Devereux.

The assault occurred at Bray courthouse on March 31, 2018. Judge Terrence O’Sullivan heard at Wicklow Circuit Court that Power was at court having been arrested on a bench warrant.

He started shouting abuse at gardai and attempted to run away. Garda Thomas Devereux and another garda caught Power and he was placed in a cell.

He was remanded in custody that day by Judge David Kennedy, who imposed a sentence for the matter before the court.

Power was further aggrieved, and ‘wouldn’t listen to reason’, according to prosecutor James Kelly.

Garda Devereux was trying to restrain Power, when the accused bit down on the garda’s left small finger and wouldn’t let go.

Garda Devereux tried to free his finger but Power locked his jaw and wouldn’t release it.

Garda Devereux was dragged to the ground and other gardaí attempted to help. Garda Devereux heard his own finger crack from the bite and thought maybe it was bitten off.

When he eventually released his grip, Power was taken away to the cells. Garda Devereux was taken to hospital for treatment, which included bandaging and antibiotics. The finger was fractured. He was prescribed anti-HIV and hepatitis medication as a precaution.

Judge O’Sullivan suspended a one-year sentence, taking into consideration evidence that ‘ he has abstained from drugs, changed his attitude, is more mature and taking responsibility,’ as well as a diagnosis of ODD, and references from BCAT indicating that Power is motivated to change and focussed on relapse prevention.

The Court of Appeal sought an up-to-date probation report ahead of re-sentencing. President of the court of Appeal Mr Justice George Birmingham, who sat with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, said the court was not to be taken as indicating that a custodial sentence was not going to be imposed. The case was adjourned to March 10 for re-sentencing.