‘People who assault gardaí can expect prison. It's as simple as that': Judge to man who spat in garda's eye
The court heard that gardaí were called to Castletymon Road in Tallaght after Mallon was seen kicking and smashing a bus stop shelter. He was intoxicated and acting aggressively. Gardaí arrested him and conveyed him to Tallaght Garda Station.
There, while in custody, Garda Cullen stood beside the accused when Mallon suddenly turned his head and spat directly into the garda's face and eye.
Garda Cullen was brought to Tallaght University Hospital and a garda doctor was contacted to assess the risk of exposure. While the saliva contained no blood and the risk was deemed low, the court heard that the incident was highly distressing. Garda Cullen returned to duty after receiving medical attention, the court was told.
The court heard Mallon was 'extremely aggressive' throughout the incident and that assistance was required to restrain him. He has 38 previous convictions, including multiple offences under the Criminal Justice (Public Order) Act, with his most recent convictions recorded in March and June 2025.
Defence solicitor Michael Hennessy said his client had already personally apologised to Garda Cullen and was 'shocked by his own behaviour' after viewing CCTV footage of himself.
'He regrets the incident profoundly,' Mr Hennessy said. 'It was disgraceful, and he's thankful the garda did not suffer lasting harm."
Counsel submitted that Mallon failed to process the grief of his father's death in a mature way and fell into alcohol misuse. "He's now 26, and since March this year, he's been sober, attending AA, and is due to start a job on Monday," counsel said.
Judge Aylmer, however, asked: 'How can an apology ring true at all, when it comes after this man's record of persistent offending?'
'This was a garda simply doing his job,' he added. 'To be spat in the face and eye is utterly unacceptable. Fortunately, no lasting harm occurred, but this court must mark the seriousness of the offence. People who assault gardaí can expect prison. It's as simple as that.'
Judge Aylmer convicted Mallon under Section 19 of the Criminal Justice (Public Order) Act 1994, imposing a nine-month sentence, reduced to eight months to reflect the early guilty plea.
He suspended four months for 12 months on condition that Mallon engage fully with the Probation Service, participate in a Restorative Justice programme and address alcohol misuse, violent and criminal damage behaviours. The court requested a final exit report.
'If he does not cooperate fully,' Judge Aylmer warned, 'he will serve the remaining sentence.'
Mallon was also ordered to enter a €300 peace bond. The custodial sentence related specifically to the assault on Garda Cullen, with all other offences taken into account.
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