A 69-year-old man who slashed at his neighbour with a Stanley knife after a dispute over trespassing dogs has had his four-month custodial sentence replaced with a peace bond on appeal.
Gary Healy, with an address at Palmerstown Woods, Clondalkin, Dublin, left his neighbour with cuts to his neck and arms after the assault.
Healy had pleaded guilty in the District Court to assault causing harm contrary to section 3 of the Non-Fatal Offences Against the Person Act, 1997.
The District Court Appeals Court yesterday heard that on June 28, 2023, the victim went to the home of Mr Healy in order to speak to him following an earlier argument between Healy and the injured party’s wife.
Garda Shay Leonard, giving the facts on behalf of a colleague, told the court that there had been a disagreement between the neighbours concerning dogs trespassing in gardens.
At the front doorstep of the house, Healy produced a Stanley knife and slashed at the injured party, the court heard.
The injured party received minor injuries including a 7cm cut to his neck, two 5cm cuts to his forearms and a 2cm cut to his hand.
Defence counsel for Healy, David Staunton BL, said that his client was reacting to the presence of the injured party at his doorstep and that he felt threatened when he heard someone come to the house.
He said that Healy had lived a “blameless existence” until this incident, where he had the “momentary thought process” to pick up the blade, which he lived to regret.
Mr Staunton said that Healy, who worked for 40 years as a porter in Temple Street Hospital, made the “incredibly foolish and stupid decision” to arm himself in a panic.
He presented letters and testimonials in support of Healy from members of his community and said that Healy has sought to avoid the injured party since the incident.
Judge Jonathan Dunphy noted that something more serious could have happened and said the injured party has every right to be aggrieved and upset by the attack.
He said he accepted Healy’s actions were an overreaction and that “he let himself, his family and his neighbours down on this occasion”.
Judge Dunphy decided to replace Healy’s four-month custodial sentence with a peace bond lasting 12 months.
He also ordered that €3,000 in compensation be paid to the injured party, or to the injured party’s chosen charity if he does not choose to accept it.