Mother who struck her son ‘a slight blow to face’ found guilty of abusive behaviour

Byrne, aged 40, with an address at Russell View, Russell Square, pleaded not guilty to engaging in threatening and abusive behaviour at Russell View on August 13, 2015.

Garda Stears said that at 6.15am on the above date, he received a call to go to Russell View to meet a young male. He said the male was not being allowed into the family home.

Garda Stears said the male’s mother, Byrne, wasn’t allowing her son into the house as he wanted to bring his girlfiend in.

He said Byrne unlocked the front door and came out and struck her son “a slight blow on his face”.

Garda Stears said Byrne was arrested for breaching the peace. He said there was no complaint of assault from the son. Garda Stears said there were a number of members of public present Ryan told the court that she had “tipped” her son.

She said: “I ended up getting locked up. I can’t believe I’m still here over it.”

Byrne’s solicitor, Jeremy Ring, told Judge Reilly that there was no evidence of a breach of the peace and that the charge should have been assault.

Judge Reilly found Byrne guilty and convicted her. She said she was sure Byrne was “a good mother”.

Garda Stears said Byrne had 10 previous convictions. On November 7, 2012, she had been fined €500 for breaching the peace and failing to comply with garda directions.

On February 15, 2010, she had been fined €600 for public drunkenness and breaching the peace.
Judge Reilly asked if the fines had been paid. Mr Ring said they had not been paid and she had served the default sentences instead.

Judge Reilly said: “It is an interesting comment. Judges make orders which are not complied with. You spend a few hours in custody. There is effectively no sanction.”

Mr Ring said his client was a mother of five children. Judge Reilly remanded Byrne on continuing bail to a date in February for a probation report which would look at the possibility of community service.