Glass attack | 

Man (49) avoids prison after glassing his brother in attack at family home

Attacker cried after seeing photos of his brother's injuries
Gary O'Hare

Gary O'Hare

Brion Hoban

A man who accidentally struck his brother in the face with a glass has received a fully suspended sentence.

Gary O'Hare (49) accidentally struck his brother during a tussle which ensued after he objected to his brother having brought his partner to their family home.

Dublin Circuit Criminal Court heard that the victim knew his brother did not mean to hurt him and he did not believe the offence required a custodial sentence.

O'Hare of Lorcan Drive, Santry, pleaded guilty to assault causing harm at his address on November 3, 2019. He has no previous convictions.

Passing sentence today, Judge Melanie Greally said the incident appears to have been “an isolated incident of violence and aggression”.

Judge Greally said tensions within the family seem to have “bubbled over”. She noted that O'Hare was behaving “very aggressively” on the night and was speaking in “very derogatory terms” about his brother's partner.

She said she took into account his guilty plea, his lack of previous convictions and the offence appearing to have been out of character. She noted that O'Hare is the primary carer for his father since the death of his mother.

Judge Greally sentenced O'Hare to 16 months imprisonment, but suspended the sentence in its entirety on strict conditions.

A local garda told Diarmuid Collins BL, prosecuting, that the victim was in the front room of his father's house when O'Hare came into the room and said “what's this fucking cunt doing here”, referring to his brother's partner who was also present.

O'Hare left the room and returned with a glass in his hand. He advanced towards his brother's partner, a tussle ensued between the two brothers and the glass accidentally struck the victim's face.

In a victim impact statement, which was read before the court by counsel, the victim said he sustained a laceration below his left eye which required stitches.

The victim said the incident affected his relationship with his brother and he had not seen him in two years. He said he knew his brother did not mean to cause him harm and he believed the offence did not require a prison sentence.

He said the family have been through enough and he wanted to see his brother get on with the rest of his life.

The court heard that the accused man cried when he was shown photographs of his brother's injuries during an interview with gardaí.

Oisin Clarke BL, defending, said the offence occurred in the family home, which his client took over paying the mortgage for in 2005. He said the victim had moved out of the house, but at the time of the incident he was looking to move back in.

Mr Clarke said it had been indicated that the victim could reside at the house again provided he did not bring anyone back to the house. He said the victim had brought someone there on the night and this was the catalyst for the incident.

Counsel said his client and his brother were previously close and both were godfather's for each other's children. He said his client has not come to the attention of gardaí since the incident.

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