Dublin man who returned to pub in disguise and armed with hammer gets community service

by · TheJournal.ie

A MAN WHO was in disguise and armed with a hammer when he returned to a pub when they were cleaning up to continue an assault on security staff has been given 240 hours of community service.

Clive McCarthy (45) of St Donagh’s Road, Kilbarrack, Dublin 13, pleaded guilty at Dublin Circuit Criminal Court to two charges of assault causing harm and a charge of assault at The Bloody Stream pub, at Howth Railway Station on 6 October 2024.

The court heard that McCarthy had been refused entry into the pub earlier that night and attacked the security guard.

He also assaulted a female customer by pushing her. A second member of the security staff then arrived and due to McCarthy’s aggressive behaviour he restrained him on the bonnet of a car.

McCarthy left but issued threats while he walked away, claiming that he would shoot and kneecap the staff.

Staff were cleaning up the pub later the same night when McCarthy returned with a friend. He was in disguise and armed with a hammer.

He struck the security man that had pinned him to the car on the forearm and hand with the hammer.

Another member of staff then got an iron bar and struck McCarthy with it, cutting the man’s head and causing him to bleed.

McCarthy left with his friend, but he again issued more threats, telling those in the pub: “You are all fucking dead – we will be back”.

McCarthy was identified and arrested some time later. He made no comment in interview. The court heard he had 18 previous convictions including for public order and road traffic offences.

The court heard that the victims suffered superficial injuries such as bruising and swelling. Victim impact statements were prepared for the court and handed in but not read out.

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It was accepted in cross-examination that McCarthy was intoxicated at the time, having taken both alcohol and cocaine.

He was refused entry on the basis of his clothing, which defence counsel Emmet Nolan BL, defending, acknowledged the security staff were entitled to do.

Counsel said McCarthy’s behaviour later was “deplorable”.

Nolan said it was “clearly an appalling act” adding that McCarthy is “deeply ashamed and embarrassed by his behaviour”.

“He took umbrage and returned,” Nolan continued.

He said his client was intoxicated at the time but accepted that was “no excuse for the offence” before counsel suggested the behaviour was “out of character”.

Nolan said his client has a 15-year-old son who lives in America. He said McCarthy has a history of mental health difficulties.

Judge Orla Crowe previously commented that it was “an inherently serious” offence before she adjourned the case to allow for the preparation of a report from the Probation Service.

She noted that McCarthy has since taken “tentative steps to deal with his addiction”.

Sentencing McCarthy yesterday,Judge Crowe said his behaviour on the night was inexcusable. However, she noted that he had been drinking since he was a child. She said his probation report was positive, and that he was now the carer for his widowed brother, who had suffered a stroke.

She said that it was really is a ‘very, very marginal case’, but would give him the opportunity of doing community service.

She imposed 240 hours of community service in lieu of a two-year sentence, giving him two years to complete it.

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