A man who hit an 11-year-old boy on a Dart has been given an 18-month suspended prison sentence.
Bakuani Diasivi (26) punched the child during a journey between Sydney Parade and Lansdowne Road stations on July 2nd, 2024.
The man’s partner had been arguing with the boy’s older sister and the two women became involved in an altercation before the incident, Dublin Circuit Criminal Court heard.
Diasivi, of Cardy Rock Crescent, Balbriggan, Co Dublin, admitted affray. He was on bail for another offence at the time and serving a suspended prison sentence.
On Tuesday, Judge Orla Crowe said it was “hard to understand how a situation could break out on a Dart in relation to people who were travelling into town, but it did and he got involved”.
She said Diasivi struck the boy and it was “fortunate” the child did not suffer more serious consequences.
Having reviewed the facts and Diasivi’s personal circumstances, she said the court was going to give him “one final chance”, imposing an 18-month sentence suspended on strict conditions.
During a previous hearing the court was told Diasivi and his partner got on to the Dart at Booterstown. They sat down adjacent to the boy, his older sister and their mother.
They were speaking in Polish and laughing. At some point, Diasivi turned to the boy, asking “What the f**k are you looking at? What are you laughing at?”
The boy’s older sister intervened, saying “Is there something wrong with you? He’s only 11.” The sister and Diasivi’s partner started to argue.
Diasivi’s partner threw a punch at the boy’s sister and the two women became involved in an altercation. Diasivi also became involved, throwing a punch which connected with the boy’s face.
Other passengers intervened and gardaí were called when the Dart stopped at Lansdowne Road station. Diasivi waited and spoke to gardaí.
When interviewed voluntarily, Diasivi admitted his involvement and accepted punching the boy. He said he believed the boy had been attempting to punch his partner.
Diasivi has 24 previous convictions including 13 for road traffic offences, nine for public order offences and one drugs offence. No victim impact statement was provided to the court.
Oisín Clarke, defending, said Diasivi’s partner was due to give birth shortly and Diasivi would be required at home to mind their infant while she was in hospital.
Diasivi was working part-time and was a “talented musician” who had been signed by a record label.
Clarke said it was a “despicable offence to strike a child”, but his client “got caught up and was overprotective of his partner in the heat of the moment”.
He noted his client had no previous convictions for violence and was regretful for his actions. Diasivi had also brought €1,000 to court as a token of remorse, which the boy’s family was willing to accept.
The judge directed the €1,000 should be paid to the investigating garda to be sent to the boy’s family.
She also ordered Diasivi to appear at Balbriggan District Court on March 5th when a prosecution application under the Criminal Justice Act, 2006, would be made, asking the court to consider whether to activate part, all or none of the suspended sentence he was serving at the time of this offence.