A repeat offender who assaulted a garda in a Dublin station has had her jail term replaced with a fully suspended sentence on appeal, after a judge heard she has not come to garda attention in two years.
Judge Christopher Callan said that he was not condoning the woman’s actions by suspending the sentence and that assaulting a garda is a serious offence.
Frances O’Brien (30) with an address on Gardiner Street, Dublin 1, was convicted in the District Court of assaulting a garda member contrary to section 2 of the Non-Fatal Offences Against the Person Act, 1997 and was sentenced to three months imprisonment.
She was also convicted of violent behaviour at Store Street Garda Station, trespassing on a building, obstructing the free passage of persons while begging and failing to appear in court. She was sentenced to a three month consecutive jail term for the trespassing conviction.
O’Brien later lodged an appeal against the severity of her sentence.
A sergeant told the District Court Appeals Court that gardai responded to a public order incident on Gardiner Street in Dublin 1 on May 19, 2023.
He said that gardai arrived to witness a verbal altercation between two parties. He said that O’Brien later became abusive in the station and that there was an assault on a garda member.
The sergeant said that in August 2024 on Grafton Street, Dublin, gardai were on high visibility patrol when they observed O’Brien begging and blocking a pathway. He said that she refused to leave.
He said that on August 25, 2024, gardai received a call about a male and female at a property causing fear to residents when they had no reason to be there. He said that O’Brien was arrested for trespassing.
The witness said that O’Brien has 15 previous convictions, including those for burglary, assault, public order, robbery and criminal damage.
A defence solicitor for O’Brien said that she had not come to garda attention since she had lodged the appeal. He handed in letters to the court from Tusla and O’Brien’s mother in law.
He said that O’Brien is in a different stage of her life and that she had been in a period of intense grief at the time of the offences.
He said that his client had a history of addiction but that she is now drug free. He said that her main motivation is her children and that she takes her role as a mother seriously.
The solicitor said that O’Brien is currently pregnant and handed in scans from the Rotunda Hospital. He said that the appellant is on the “path of stability” and is in a completely different position now.
Judge Christopher Callan said the offences took place during a period of O’Brien’s life when “quite clearly things were out of control”.
He noted that the offences were over two years old and that she had not come to the adverse attention of the gardai since the appeal was lodged.
The judge noted that O’Brien has an extensive number of previous convictions but said it seems that there has been a change in attitude and behaviour in the last number of years.
He said that he would suspend the sentences, but that this decision does not in any way condone her actions. He said that assaulting a garda is a serious offence and that officers have a hard job, which is getting more and more difficult.
Judge Callan said that he was affording O’Brien an opportunity and that the future is in her hands.
He decided to suspend the six-month jail term for a period of two years on the condition that O’Brien remain drug free for that period of time and does not come to the adverse attention of the gardai.