A seven month sentence was imposed on a woman who put a garda’s health in jeopardy when she bit down hard into his arm, breaking the skin, and risking possible cross contamination of a serious medical condition.
Zimbabwean national Bianca Fahy (37 ), with an address at 110 An Sean Bhaile, Doughiska, appeared before Judge Aeneas McCarthy at Galway District Court on Monday and pleaded guilty to assault causing harm on March 15, 2009.
Inspector Pat McHugh told the court that at 3.20am the defendant had been arrested at An Sean Bhaile for being drunk in public and was brought to Galway Garda station. She was being processed by the garda member in charge who noted that she was becoming agressive, had consumed alcohol, and suffered from a serious medical condition.
The court heard that Fahy, who was becoming increasingly agitated, tried to leave the area on a number of occasions. Gardai felt it was best to place Fahy in a cell for her own safety, however she grabbed a garda’s hand, pulling at his watch. When the garda tried to pull away Fahy gripped him by the arm and bit down hard, breaking the skin through his shirt. As a result the garda, who was left bleeding, had to go to the hospital for medical attention.
Inspector McHugh then handed an A&E report into the court and drew Judge McCarthy’s attention to a line which described the medical condition the defendant is suffering from. He added that this “aggrevated the situation and made him [the garda] very worried”. The court then heard that the defendant has 13 previous convictions which mostly relate to road traffic offences.
Defence solicitor Sarah O’Dowd stressed that her client has no previous convictions for assault or public order. She explained that on the night in question Fahy had consumed alcohol in the afternoon and had been locked out of her apartment. Ms O’Dowd then said that Fahy had become agitated at the Garda Station as she suffers from a number of difficulties including psychological and other serious health problems. She said that Fahy had not been taking her medication on the night and suffers from panic attacks.
“She wasn’t herself. There was no intent to cause injury,” said Ms O’Dowd. She further explained that Fahy had suffered a serious injury to her hand a few years ago, which resulted in a metal plate being inserted and made it very sensitive. The court heard that when Fahy was being placed in the cell pressure was applied to the hand making her panic instensfy. Ms O’Dowd then offered €905 in compensation from her client and explained that Fahy’s main medical condition was contracted in 2004 because of a marital relationship and that she had not been aware her spouse was suffering from it.
“This is an extremely serious case. I regard this as almost at the upper end of a Section 3 assault... She put the garda’s health in very, very serious jeopardy,” said Judge McCarthy.
Ms O’Dowd replied that there had been “no malicious intent”. She added that because of her medical condition, Fahy, who has been in the country for 10 years, has been isolated from the African community in Galway. Ms O’Dowd then asked Judge McCarthy to consider community service.
“She bit the garda, broke the skin, putting his health in serious jeopardy. Under no circumstances will I consider community service,” said Judge McCarthy, who then convicted Fahy and imposed a seven month sentence.
Judge McCarthy also refused to consider suspending the sentence but did grant leave to appeal.
