THE probation act was applied in the case of a Donegal man who spat in the face of a Garda.
Christopher Dunleavy (23) of Magheraclogher Bunbeg was charged with assault in relation to an incident on August 18, 2019.
Letterkenny District Court heard that Dunleavy was involved in a ‘number of alleged public order offences’ on the night in question.
At 00:20am, Dunleavy was in the process of bring arrested at Port Road, Letterkenny, when he spat on the cheek of one of the Gardaí.
Dunleavy later said he had ‘no memory’ of what had happened and said he was ‘ashamed’ of his actions.
Mr Hayes, representing Dunleavy, said his client was currently serving a prison sentence.
“This was a particularly low point in his life,” Mr Hayes said. “He has suffered loss of employment and was estranged. He suffered from serious depression and anxiety, but he accepts that that doesn’t excuse his behaviour.
“He has been made aware of what happened. There was an immediate apology and he is utterly ashamed. He was very intoxicated and couldn’t remember the incident. He finds it hard to believe that he spat, but he tendered an immediate and fulsome apology. The offence occurred during a difficult and chaotic time during which he demonstrated very poor decision making.”
“He has since been incarcerated and he has no history of assaultive behaviour.”
The court heard that Dunleavy was engaging with counselling services in prison.
Judge Paul Kelly said Dunleavy’s actions amounted to ‘disgusting behaviour’.
Judge Kelly applied the probation act.