A teenager who kicked a garda as she lay unconscious on the ground has been given a suspended sentence.

Leon Kavanagh, then aged 17, kicked Garda Paula Carter, who had been attempting to locate a missing boy, as she lay unconscious after striking her head on a footpath.

Gda Carter had been knocked to the ground while attempting to assist her colleague Garda David Egan. He had been struggling with a number of youths after the gardai located the missing boy at a house party in the early hours of the morning. Kavanagh fled the scene but was later arrested.

Kavanagh, now aged 20, of Buttercup Park, Darndale, pleaded guilty at Dublin Circuit Criminal Court to assault of a peace officer and violent disorder at an address in Clarehall, Dublin 17 on February 14, 2015.

Judge Sinead Ni Chulachain, who viewed CCTV of the incident, noted Kavanagh had been “very aggressive and highly intoxicated” on the night and took part in preventing gardai from approaching the vulnerable young person they were making enquiries about.

She noted the assault was not premeditated, no weapon was used and Kavanagh was not the only person involved.

Judge Ni Chulachain noted that Kavanagh was a young man at the time and since this offence he has enrolled in a number of courses as well as maintaining full time employment. She took into account his relatively early guilty plea and a letter of remorse.

She imposed sentences totalling three years which she suspended in full on strict conditions, including that he attend alcohol, offending behaviour and anger management work.

Sergeant Brendan Bergin told Fiona McGowan BL, prosecuting, that gardai had been alerted that a 13-year-old boy was missing and his mother was concerned for his well being.

Information was received about a house party taking place in the Clarehall area where the boy might be located. Gdai Carter and Egan arrived at 1.05am and asked to speak to the boy.

A number of youths at the house, including Kavanagh, were aggressive towards the gardai.

The boy they were seeking walked out of the house but the gardai were prevented from speaking to him by the youths. Gda Carter felt herself being pulled back by her fleece by Kavanagh.

She told him to desist and as she was speaking, saw her colleague Gda Egan struggling with other youths. She radioed for assistance due to the number of people around them. Gda Carter slipped and fell to the ground. She attempted to grab Kavanagh but he ran towards Gda Egan.

Gda Carter regained her feet and went to Gda Egan's assistance. During a struggle Gda Carter was pushed by Kavanagh “with significant force” to the ground and struck the back of her head off the footpath rendering her unconscious.

Kavanagh kicked Gda Carter a number of times as she lay on the ground unconscious. Gda Egan went to her assistance and the youths fled the scene.

Gda Carter was taken to Beaumount hospital and received a stitch to a cut at the back of her head. She had concussion and bruising to her legs from being kicked, as well as pain in her neck, back and a headache.

The court heard in her victim impact statement that she now suffers from anxiety dealing with the public, particularly around large groups of young males.

Kavanagh has three previous convictions. A co-accused was prosecuted in the District Court for an assault on Gda Egan and received a suspended sentence.

Kenneth Kerins BL, defending, put it to Sgt Bergin that Kavanagh had been acting in a misguided protective manner towards the young boy. “I don't know, it was definitely misguided. He was just not for allowing him to be brought home,” said Sgt Bergin.

Sgt Bergin agreed that Kavanagh had an “unmanageable lifestyle” and issues with anger.

Mr Kerins said Kavanagh had a difficult background but was fortunate to have had his late grandmother to provide him with a solid base. He said Kavanagh was now in full time employment.

He asked the court to take into account factors including that Kavanagh had expressed remorse, the the assault had not been prolonged and no weapon was used.

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