herald

Wednesday 26 April 2017

Jailed bin row thug had cannabis on car seat

Murphy is serving a one-year sentence for a brutal assault
Murphy is serving a one-year sentence for a brutal assault

A young father who fractured another man's skull and cheekbone during an attack over a stolen green bin has been given the benefit of the Probation Act for being in unlawful possession of drugs.

Shane Murphy (25), who is serving a one-year jail sentence for assaulting Aidan Mullen in Kinsealy on July 10, 2011, drove through a checkpoint in north Co Dublin without stopping last May 2.

However, he was subsequently stopped and his car was searched.

Gardai found €20 worth of cannabis on the front passenger seat.

Murphy, of Jugback Close, Swords, pleaded guilty when he appeared before Balbriggan District Court to being in unlawful possession of cannabis herb at Baldwinstown Cross, Garristown. His 25 previous convictions include an assault from February 2015, intoxication and using threatening and abusive behaviour.

He was handed a three-year sentence in February, with the final two years suspended, for assaulting Mr Mullen, causing him harm.

Savage

Mr Mullen (57) was asleep in bed at around 10pm on July 10, 2011, when he was awoken by his wife telling him their bin had been taken by a group of teenagers.

Instinctively, Mr Mullen - who had been previously diag- nosed with a serious heart condition - rushed out of the door of his Kinsealy home to try to recover the bin.

However, instead of being able to get it back, the victim was subjected to a savage assault.

Defence barrister Bernard Stobie said Murphy (25) suffers from ADHD and has abused substances in the past.

He said he has attended a residential treatment programme and is not dependent on drugs at the moment.

He added that the defendant could produce clean urine samples on the next occasion if the court saw fit to adjourn the case.

Mr Stobie said the defendant, who has an eight-month-old child, is applying himself while serving his current sentence by undertaking construction and art classes.

"He has turned a corner and is addressing his problems," said Mr Stobie.

Judge John Lindsay applied the Probation Act for the possession of cannabis offence.

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