By Isabel Hayes
Two brothers who set upon a homeless man when they invited him back to their house, with one of them slashing the victim’s head repeatedly with a kitchen knife, have avoided a custodial sentence.
Denis Burns (42) and Gavin Burns (33) were sentenced by Judge Martin Nolan in Dublin Circuit Criminal Court on Wednesda for their roles in the attack, which occurred in their home at The Beeches, Grange Road, Donaghmede, Dublin, on June 15, 2023.
Denis Burns pleaded guilty to one count of assault causing harm and affray on that date, while Gavin Burns pleaded guilty to assault causing harm.
Judge Nolan said it was an unusual story where a homeless man had been enticed back to the house. He said he was not sure why it happened but “it seems it was part of a grudge.”
He gave both men a two-year sentence but suspended it in its entirety and ordered them to pay €1,000 each to the victim.
Garda Shane Kennedy told Derek Cooney BL, prosecuting, that the victim in the case was sleeping rough in a lane close to the Burns’ house. He had previously lived across the road from the brothers before his family was evicted and he had known them all his life, the court heard.
On the morning in question, a third man who can’t be named as he remains before the courts, went to the lane and invited the man and his partner to the Burns’ home. Once there, the man slammed the door, trapping the victim inside the house and locking his partner outside.
Gavin and Denis Burns then set upon the man, along with the third accused man, with Denis Burns using a kitchen knife to repeatedly slash the victim to the back and front of the head, the court heard. Two pit bull dogs were also present, although they did not harm the man.
The court heard there had previously been a dispute between the man and the Burns brothers in relation to a lawnmower and electronic equipment that went missing from his home in the wake of his eviction, while the Burns brothers alleged the man had threatened their sister.
During the attack, the victim’s partner managed to push her way into the hall before she fled the house, pursued by the third accused man and the two pit bulls. She made her way to a nearby fire station and the victim also managed to flee the house, the court heard. The pair were taken to hospital by ambulance while the armed garda unit was deployed to the Burns’ home.
The three men were all arrested at the house.
The victim suffered heavy bleeding to the head and required a number of stitches, the court heard. The entire incident lasted about 10 to 15 minutes, Gda Kennedy told the court.
Emmet Nolan BL, representing Gavin Burns, said his client was a law-abiding citizen with no previous convictions. “This is something he should never have involved himself in,” Mr Nolan said, adding it was an “appalling attack”.
He said Gavin Burns had led a blame-free life up until he got involved in this crime and he was ashamed and remorseful. He has worked with the same employer for 10 years and had €1,000 in court as a token of his remorse, the court heard.
Karl Monahan BL, defending Denis Burns, said his client also had €1,000 in court for the victim. The court heard Denis Burns has 12 previous convictions, including robbery, assault, drugs and public order offences.
Denis Burns took the stand and apologised to the court for his actions. He asked the judge to delay sentence until January, after his first child is born. His pregnant partner was in court for the hearing. Denis Burns has worked for the same employer for the last six years, the court heard.
Sentencing the men Judge Nolan noted Denis Burn’s convictions were quite old. In relation to Gavin Burns, the judge noted he has no history of convictions.
Judge Nolan said he was taking account of their guilty pleas and their co-operation with gardai. The judge also noted they were both working.