‘Chaotic lifestyle’ led to Longford house party assault
Two people who assaulted a husband and wife when asked to keep the noise of a late night party down pleaded guilty to charges against them at Longford Circuit Court.
Defendants Ian Whelan (22), 9 The Mill, Clondra, and Dannielle Shanley (29), 30 Springlawn, Longford, were before Judge Keenan Johnson arising from an incident in the early hours of August 2, 2020.
Garda Alan Doherty gave details to the court of the section 3 assaults on Claire Mullins and Neil Swaby. The assaults happened inside and outside a property in Old Ardnacassa.
In the early hours of the morning Ian Whelan was holding a house party at 35 Ardnacassa, which was “going on for some time”. Ms Mullins went to the house to ask the party goers to keep the noise down, however the people “did not entertain” her request.
Garda Doherty said Ms Mullins went back to her own house and discussed the matter with her husband. Mr Swaby went over to the house to ask the revellers to keep the noise down.
The officer described the response of the party goers as “being belligerent”. When Mr Whelan opened the door he said to Mr Swaby: “Ah, here you are again, come on in.”
He brought his neighbour into the party, where people in the house started to insult him about being in a dressing gown, laughing at him and making disparaging remarks. Garda Doherty said there was “a row” in the house, during which Mr Whelan punched Mr Swaby, and Dannielle Shanley got into an altercation with Ms Mullins.
Mr Swaby went to leave and Mr Whelan followed him out, grabbed him and “punched him five or six times to the head”.
Garda Doherty said there was a “significant amount of blood” coming from the injured party's left ear and he sustained significant bruising to the face.
In an interview Mr Whelan said there was “pushing and shoving in the house”. Though defendant Dannielle Shanley was misidentified by the injured party she made admissions to Gardai about slapping Ms Mullins in the face. Ms Shanley claimed the injured party was trying to bite her.
In her victim impact statement Ms Mullins spoke of missing work, and the long term impact it had on her psychological well being. Mr Swaby also missed work and attended hospital for treatment for his injuries.
Mr Whelan had no previous convictions while Ms Shanley had seven including conviction for breach of the public order, possession of drugs, and assault.
The court was told both defendants gave Gardai a full inculpatory version of events. They described drinking large amounts of alcohol on the Sunday of the Bank Holiday. Mr Whelan said he “lost his temper”.
Mr Whelan's barrister, Stephen Byrne BL, explained prior to the incident his client was living with his father at the Ardnacassa address. Mr Whelan's father entered a nursing home and the defendant started “having house parties on a regular basis”. Mr Byrne described a “chaotic lifestyle” with “no adult supervision” and said his client was “hanging around with a peer group who were not a good influence”.
Counsel said Mr Whelan was evicted from the property and is now living with an uncle. He said the defendant's behaviour on the night was “out of character”, saying he was generally “very mannerly” and “very polite”.
Ms Shanley's counsel stated her client gave a statement that implicated herself, has not come to Garda attention since and was remorseful for her behaviour on the night.
Ian Whelan read a letter of apology to the victims. In it he described his action as “disgraceful behaviour” and said it “showed a part of myself I didn't know existed”.
Mr Byrne asked his client in the witness box: “Are you ashamed?” Mr Whelan replied: “I am truly mortified.”
The court heard the defendant now works as a warehouse operative and has sought help to address cannabis and alcohol issues.
Judge Johnson described the incidents of the night saying: “Mr Whelan's house was Party Central, this was interfering with the peace of the victims.”
The judge noted that the defendant was “very intoxicated” when he engaged in the “violent assault”. Judge Johnson said the attacks had “a profound effect” on the victims who lived in the estate for six years before the incident, but moved out after.
Mitigation considerations included the defendant's early plea of guilty, their fulsome co-operation and the remorse and shame shown. The judge noted that both Mr Whelan and Ms Shanley have a “good work history”.
In concluding the case against Mr Whelan, Judge Johnson imposed a sentence of two years and six months, but suspended it for five years on a bond of €500 to be of good behaviour and pay a total of €6,000 in compensation.
For Ms Shanley the judge adjourned the matter to January 10 to allow for the preparation of a probation report with a proposal to deal with the assault charge by way of a 200 hour community service order.