Convictions imposed against defendant for assault and dangerous driving

Carrick-on-Shannon District Court hears victim was punched, kicked and 'mauled' by woman

Armando da Silva, 8 Allen Brook, Drumshanbo was fined a total of €1,150 when he appeared before Carrick-on-Shannon District Court to face a charge of assault and a number of motoring offences arising out of a single vehicle road traffic accident in Keshcarrigan on January 27, 2017.

Giving evidence in relation to the assault charge Insp Denis Harrington gave summary evidence saying the complainant, who had been in a relationship with the defendant, called to Carrick-on-Shannon Garda Station on October 20, 2016 saying she had been assaulted by Mr da Silva.

The defendant told Gardaí at 1.35am on October 30, 2016 at 6 Leitrim Road, Carrick-on-Shannon a row broke out and the defendant wanted to go through the injured party's phone because he believed she was lying and he punched her when she refused.

A letter written by the injured party was read out in court in which she said she is no longer in contact with the defendant adding, “I do not bear a grudge,” and that she “respects him and his family.”

She also stressed that she was not to blame for the assault.

In relation to the motoring offences Insp Harrington gave evidence that a report was received of a single vehicle accident outside Keshcarrigan. The accident resulted in the back seat passenger being thrown from the car after a collision.

The accident occurred in a 50 kph speed zone, with a number of dangerous bends. The defendant later told Gardaí he was travelling at 80kph.

Insp Harrington added that witnesses said the defendant was driving at speed.

It was stated the car belonged to the defendant’s mother who was in Brazil on holiday at the time and had taken the key of the car with her and had hidden the vehicle’s spare key but Mr da Silva managed to find it.

Referring to the dangerous driving incident, defending solicitor Martin Burke said it was an “unfortunate event.”

Mr Burke added, “He is lucky he is not here facing charges of dangerous driving causing death or serious injury.”
The injured party suffered “difficult injuries” including a fractured pelvis.

Mr Burke added that the victim remains a “very close friend of Mr da Silva” and “she is now working in a pub in Fenagh and has made a good recovery.

“He tells me this happened because he was driving too fast and there may have been an element of bravado involved in that.”

Mr Burke added, “He has held his hands up to all charges. If you were of a mind to reduce the charges to careless driving that would be of great benefit to him.

“The probation report indicates he would be a suitable candidate for community service. He is a young man trying to make something of his life.”

Having heard the evidence in the cases against Mr da Silva Judge Kilrane dealt first with the assault charge saying, “It was a serious assault. A crime of passion it would appear. He did what he did. While she wishes him the best for the future she points out it is not her fault.”

Judge Kilrane imposed a conviction and a fine of €250 which was taken from bail money already in court.

Having made his ruling Judge Kilrane remarked, “It is unusually lenient but I do so arising from the circumstances, particularly the letter.”

Passing judgment on the dangerous driving and various motoring offences Mr da Silva was charged with, Judge Kilrane commented, “He was driving like crazy. There are numerous bends, effectively ‘S’ bends,” on that road.

Judge Kilrane noted that the defendant had no insurance, no driving licence and took the car without consent.

“He had nothing,” remarked Judge Kilrane who said, “A lengthy disqualification must follow.”

Mr da Silva was convicted of dangerous driving, fined €300 and disqualified from driving for four years. For having no insurance he was convicted, fined €300 and disqualified from driving for four years. In relation to the charge of unlawfully taking the vehicle he was similarly convicted, fined €300 and disqualified from driving for four years with all disqualifications to run concurrently.

A conviction was also imposed in relation to a charge of having no driving licence which was taken into consideration.

Recognisances in the event of an appeal were fixed at €100 own bond, cash and €2,100 independent surety of which €700 is to be lodged or alternatively own bond of €1,250 cash.

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