Suspended sentence for man who assaulted garda in nightclub

By Claire Henry

A Dublin man who struck an off-duty garda in a Dublin nightclub has been given a suspended sentence.

Dublin Circuit Criminal Court heard that Anthony Ainscough (39) of Windmill Road, Crumlin, Dublin 12, pleaded guilty to one count of assault causing harm at a nightclub in the Dublin 2 area on December 11, 2022.

Passing sentence, Judge Martin Nolan said this defendant “was intoxicated and for no apparent reason he punched the injured party”. He noted the injured man lost a tooth and suffered a fracture to his nose.

Judge Nolan said Ainscough is a qualified carpenter and had €12,600 as a token of remorse for the injured party in court. He said if the injured party did not want to receive the money, it could be donated to a local charity.

The judge said, “justice does not demand that Ainscough go to prison”. He sentenced him to 20 months in prison but suspended it in full. He said €10,000 was to be paid within the next two weeks, with the remaining €2,600 to be paid over the next three months.

Detective Garda Kerry O’Sullivan told Simon Donagh BL, prosecuting, that on the night in question, the injured party, who was an off-duty garda, his wife and friends were socialising in a Dublin nightclub. When the off-duty garda walked past Ainscough, an altercation took place with the defendant grabbing the garda by the arm and pushing him.

The court heard that Ainscough believed the man had spoken to his girlfriend. Both men spoke, and they shook hands and parted ways. A short time later, Ainscough returned and struck the off-duty garda in the face with force. He then fled the area.

Det Gda O’Sullivan played CCTV footage of the incident to the court. The off-duty garda required medical treatment for a broken nose and a broken tooth. A victim impact statement was handed into the court but not read aloud.

The court heard that Ainscough has a number of previous convictions, with a breakdown handed to the court. He was also on bail at the time of this incident.

Det Gda O’Sullivan agreed with Keith Spencer, BL, defending, that his client did not know that the injured party was an off-duty garda at the time. She agreed that Ainscough was intoxicated at the time.

When put to the garda that Ainscough believed the injured party had spoken to his girlfriend, she disagreed, saying the allegations about the girlfriend were only put to her today.

Mr Spencer said that his client had been out drinking, and that this was during the Christmas period, and that Ainscough was now in AA.

Counsel said Ainscough had €10,000 in court today as a token of remorse and that €2,600 would also be available within the coming weeks.