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The incident happened on a Dublin Bus in June 2017. (File photo) Leah Farrell/RollingNews.ie

Man who touched his penis off fellow bus passenger while 'trying to urinate' gets suspended sentence

The judge noted the offence appeared not to be for sexual gratification but occurred when the man was in need of “relieving himself.”

A DUBLIN MAN who touched a fellow bus passenger’s shoulder with his penis claimed he had been urinating when the vehicle jerked forward and pushed him towards the woman, a court has heard. 

Thomas McMahon (35) of Aideen Avenue, Terenure, today received a suspended sentence after pleading guilty at Dublin Circuit Criminal Court to exposure on a Dublin Bus in Crumlin on 28 June, 2017. 

Judge Melanie Greally noted the offence appeared not to be for sexual gratification but occurred while McMahon was inebriated and in need of “relieving himself.” 

She noted his long-standing drug and alcohol addictions which he is endeavouring to address and his history of mental health issues. She took into account his embarrassment and shame at his actions. 

Judge Greally imposed a one year sentence which she suspended for 12 months on strict conditions. 

Garda Conor O’Neill agreed with David Staunton BL, defending, that the victim told gardaí that the bus had jerked forward when she noticed McMahon’s penis on her shoulder. 

He also accepted that McMahon said he had problems with urinating due to both his alcohol and drug addictions and that although he could not remember the incident, he thought it was most likely that he had gone to the back of the bus to urinate. 

It was further accepted that McMahon was disgusted by his behaviour and extremely remorseful. 

Gda O’Neill accepted a suggestion from Staunton that McMahon “is now in better shape than he had been at the time” and he had “taken steps to rehabilitate”. 

Staunton submitted to Judge Greally that McMahon “didn’t have his wits about him because of his addiction”. 

“He had gone to the back of the bus with the intention of urinating. There was no sexual element to it. He was not seeking to sexually gratify himself with making contact with her,” counsel said. 

Gda O’Neill told Siobhán Ní Chúlacháin BL, prosecuting, that the woman was heading into town on the bus when she noticed one man was sitting alone on the other aisle. 

She didn’t notice him sit in behind her but when the bus jerked she felt his penis on her shoulder. She saw he was standing up behind her and that his penis was not erect. 

The woman screamed at him and ran down to the bus driver. McMahon got off the bus and the driver pulled up at the next lights and called gardaí. 

The woman prepared a victim impact report in which she stated that it was “the scariest thing that had happened me on a bus”. She took two days off work but otherwise the incident had no long-lasting impact on her. 

Gda O’Neill confirmed that McMahon was identified as a suspect from CCTV from the bus. He was arrested and co-operated with the investigation, although he said he had no recollection of the incident. 

McMahon has 10 previous convictions for District Court offences such as public order and assault.

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    Mute páraicS
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    Feb 1st 2020, 11:29 AM

    Aggravated burglary? The man was known to his attackers!

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    Mute John Considine
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    Feb 1st 2020, 12:29 PM

    @páraicS: that’s not a good defence.

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    Mute Matthew O'Kane
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    Feb 1st 2020, 12:40 PM

    @páraicS: glad the gardai ard on it

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    Mute páraicS
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    Feb 1st 2020, 1:03 PM

    @John Considine: My point is it wasn’t a burglary. They went there with the intention of attacking the man In question. What they did is abhorrent but burglary it wasn’t!

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    Mute Martin Gordon
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    Feb 1st 2020, 1:18 PM

    @páraicS: look up burglary in the law will before commenting

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    Mute superdooper
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    Feb 1st 2020, 1:59 PM

    @páraicS: it definitely was a burglary. You need to look up the definition

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    Mute Paul O'Sullivan
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    Feb 1st 2020, 12:34 PM

    Dragging somebody out of bed and dousing them in petrol is attempted murder. How can it be aggravated burglary when nothing was stolen?

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    Mute superdooper
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    Feb 1st 2020, 2:00 PM

    @Paul O’Sullivan: that’s not what burglary is. Look up the definition

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    Mute Paul O'Sullivan
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    Feb 1st 2020, 2:10 PM

    @superdooper: a man was doused in petrol and set alight. Aggravated Burglary should be the least of their worries, Greivious Bodily Harm at least if not attempted murder , I think the maximum sentence should apply here if found guilty.

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    Mute Martin Gordon
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    Feb 1st 2020, 2:24 PM

    @Paul O’Sullivan: enter as trespassers wih intent to commit an arrestable offence.. dont have to steal anything.

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    Mute Paul O'Sullivan
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    Feb 1st 2020, 2:54 PM

    @Martin Gordon: We know that they entered the premises and did commit an arrestable offence…. attacking a man with a machete and an exhaust pipe then dousing him in petrol setting him alight..
    Why are you defending these scxm ?? Say what it is ….

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    Mute Martin Gordon
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    Feb 1st 2020, 3:09 PM

    @Paul O’Sullivan: it’s an aggravated burglary

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    Mute Martin Gordon
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    Feb 1st 2020, 3:12 PM

    @Paul O’Sullivan: I’m not defending. it is what it is. it is also attempted murder. I’m not saying it isn’t that. the attempted murder is the arrestable offence in the burglary. look up aggravated burglary. educate yourself.

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    Mute Paul O'Sullivan
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    Feb 1st 2020, 3:12 PM

    @Martin Gordon: idiot

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    Mute Martin Gordon
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    Feb 1st 2020, 3:16 PM

    @Paul O’Sullivan: thank god you dont work for the Dpp

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    Mute Dave Barrett
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    Feb 1st 2020, 12:57 PM

    The whole sentencing system should be reformed. Longer sentences for crimes. Life for murder should be life.
    There was a time when you saw a garda it meant something. Now there is no fear. Two garda shot at during week. Thats atemted murder.

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    Mute WreckDefier
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    Feb 1st 2020, 3:20 PM

    @Dave Barrett: the sentencing and grammar systems by some commenters on here
    leave a lot to be desired.

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    Mute Dave Barrett
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    Feb 1st 2020, 4:07 PM

    @WreckDefier: Can we get a job like yours. always wanted to be in the grammar and spelling police. Ops! I forgot the I before always.

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    Mute WreckDefier
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    Feb 1st 2020, 5:17 PM

    @Dave Barrett: In fairness it’s hard to miss atemted which murdered attempted

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    Mute calvin healy
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    Feb 1st 2020, 11:40 AM

    Share the info you have with the gardai so.

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    Mute Michael Bannon
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    Feb 1st 2020, 12:35 PM

    THERE IS NO REAL PUNISHMENT FOR aggravated burglary.

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    Mute Paul O'Sullivan
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    Feb 1st 2020, 12:44 PM

    @Michael Bannon: maximum sentence 14 years

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    Mute Martin Gordon
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    Feb 1st 2020, 2:26 PM

    @Michael Bannon: if they are caught they will be charged with more than aggravated burglary, like assault causing serious harm etc..

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    Mute Martin Gordon
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    Feb 1st 2020, 3:19 PM

    @Paul O’Sullivan: maximum sentence for aggravated burglary is life. not 14 years. just another thing you’re wrong about.

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    Mute Martin Gordon
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    Feb 1st 2020, 8:44 PM

    @Michael Bannon: life sentence Michael.. literally the maximum sentence punishment there is. back to law school for you.

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    Mute Jason Quinn
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    Feb 2nd 2020, 6:57 AM

    @Martin Gordon: really Mr Gordon the vile piece of filth that ended my mum’s life in 02 is getting out soon and has been out on 2 day releases

    My mum will never have a day release.

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    Mute Martin Gordon
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    Feb 2nd 2020, 11:26 AM

    @Jason Quinn: sorry to hear that. I’m just stating facts to people who are putting up wrong facts. unfortunately our justice system is very flawed. and life does not mean life.

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    Mute Sos
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    Feb 1st 2020, 2:25 PM

    I know people are saying these guys were at their wits end but this was a barbaric attack. To go back out and get the petrol is controlled. That’s not just losing the head.

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    Mute Ger Buckley
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    Feb 1st 2020, 12:57 PM

    Think these 2 guys voluntarily made statements to the guards a few weeks ago.

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    Mute John O Brien
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    Feb 1st 2020, 5:48 PM

    He deserved a lot more that a drop of petrol for what he did.

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    Mute DazLock
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    Feb 1st 2020, 2:55 PM

    Aggravated Buggary

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    Mute Anna69
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    Feb 1st 2020, 11:08 PM

    waiting here boys…

    http://69-chat.club

    only 18+

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    Mute Alan Mooney
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    Feb 2nd 2020, 10:02 AM

    @Anna69: anna.. Men are wrong and misspelling words on the internet.. We’ve no time for your sexy shenanigans

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