Man who was 'off his face on drugs' when he assaulted two gardaí jailed for two years

By Niamh O’Donoghue

A man who assaulted two gardaí because “he was off his face on drugs” has been sentenced to two years in prison.

Daniel Ryan (24) of Melrose Grove, Clondalkin, pleaded guilty at Dublin Circuit Criminal Court to two counts of assault causing harm on May 1st, 2023.

He also pleaded guilty to possession of cocaine for sale or supply on January 8th, 2019, after his fingerprints were found on a discarded lunchbox containing the drugs.

Detective Garda Colin McElligott gave evidence the assault occurred five months after Ryan was charged with having the cocaine.

The court heard that, in January 2019, two gardaí on mobile patrol saw two males jump over a railing and take off on foot.

Gardaí exited the patrol van and Ryan made good his escape but a garda found a small clear plastic lunchbox and arrested the other suspect.

Gardaí returned to the area and a number of individually-wrapped deals were found comprising 24.6g of crack cocaine and heroin worth €3,408 in total.

DNA and fingerprint samples on the lunchbox were analysed and came back as a match for Ryan and he was arrested on October 7th, 2021. He was later charged on December 12th, 2022.

On May 1st, 2023, gardaí stopped three occupants in a Kia Sportage parked up on a footpath in Clondalkin. Gardaí informed one of the occupants that there were live bench warrants for his arrest.

Ryan shouted that he would break Garda Mark Walsh’s jaw. He punched him in his jaw with his right fist.

Ryan also punched Garda Grace Lumsden in the face. Garda Lumsden fell backwards and said she was in pain and her vision was blurred.

Garda Walsh also described pain as a result of the punch. Neither garda received treatment and returned to duty the following day.

A search was conducted on the house and the vehicle was registered to Ryan. He was arrested again and denied punching both garda, but was subsequently charged that day.

Derek Cooney BL, prosecuting, previously told the court a Section 3 assault or assault causing harm carries a maximum penalty of five years, but a Section 19 assault of a garda has a penalty of seven years.

Ryan has 36 previous convictions for offences including aggravated burglary, burglary, assault causing harm, theft, money laundering and 20 road traffic offences.

He also has one previous conviction for the obstruction of a police officer and public order, criminal damage and drug possession offences.

When he punched the gardaí, Ryan was on bail. He is currently serving five and a half years and his sentence expires in November 2028.

Under cross-examination, Det Gda McElligott agreed with Keith Spencer BL, defending, that Ryan was “off his face on drugs” and denied he would hit a woman.

A psychological report highlighted addiction difficulties, exposure and a difficult upbringing, counsel said.

Sentencing Ryan on Tuesday, Judge Pauline Codd imposed consecutive sentences totalling three and half years.

Judge Codd accepted that Ryan did not have a proprietary interest in the drugs but added he was involved in some way as his DNA was found on it.

She imposed a one-year term in prison for the offence after accepting he has since engaged well with local services to rehabilitate and was “committed to perusing an alternative lifestyle”.

Judge Codd acknowledged Ryan’s expression of remorse and pleas of guilty in relation to the assault case.

She imposed a sentence of two and a half years on that case, which Judge Codd ordered must be consecutive to the one-year term imposed for the drug case, imposing a total sentence of three and half years.

Judge Codd suspended the final 18 months of the term on strict conditions, including that Ryan engage with the Probation Service for 18 months.