Kilkenny courthouse
Two brothers have appeared in court following a public order incident in Kilkenny.
David Donoghue, Good Shepherd Centre, Kilkenny pleaded guilty to being intoxicated in a public place and to engaging in threatening, insulting and abusive behaviour at Bateman Quay, Kilkenny on June 7, 2022.
Joseph Donoghue, 4 Moneenview, Kerrs Cross, Moneenroe, Kilkenny admitted assault, being intoxicated in a public place and to engaging in threatening, abusive and insulting behaviour at Bateman’s Quay, Kilkenny on June 7, 2022.
The court heard that on the date in question gardaí observed a fight and went to intervene. Both brothers were in an intoxicated state and Joseph Donoghue was fighting with his brother.
During the incident Joseph Donoghue lunged at gardaí and had to be restrained and pulled at a garda’s jacket.
The court also heard that David Donoghue tried to stop gardaí when they were arrested Joseph Donoghue and that he was asked to leave the area a number of times and refused to do so.
David Donoghue has 44 previous convictions and Joseph Donoghue has 11 previous convictions.
Chris Hogan said that his clients wished to apologise to gardaí and that on the date in question they had mixed street medication with alcohol.
Mr Hogan said that Joseph Donoghue has been off all intoxicants since 2019 and that he was genuinely remorseful. Mr Hogan also remarked that David Donoghue has a serious history offending and has an entrenched addiction to alcohol and was the victim of a serious assault recently.
When sentencing David Donoghue, Judge Geraldine Carthy said that she had to take into account the defendant’s plea. The judge remarked that she had no doubt that at the time of the offences both men were highly intoxicated.
The judge added that David Donoghue has 44 previous convictions and in January got three month suspended sentence.
“The court cannot ignore his recidivist offending,” she said and imposed a one month prison sentence.
Recognisances were fixed in the case.
The judge sentenced Joseph Donoghue to two months in prison which she suspended and directed that the defendant engage with the probation services.
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