'A very diminishing and disgusting thing to do': Jail for Cork man who spat at shop assistant

SPITTING at a shop assistant was described by a judge as a disgusting thing to do to someone doing a day’s work, as she jailed the culprit for four months.

Judge Mary Dorgan made the comment as she sentenced 47-year-old David O’Donovan, of no fixed address, previously of Glendalough House, Grenville Place, Cork, at Cork District Court.

“A person doing their day’s work, to be spat at by a person who comes in off the street, it is a very diminishing and disgusting thing to do, and it warrants a custodial sentence,” said Judge Dorgan.

Sergeant Aisling Murphy outlined the background to the incident, whereby O’Donovan entered the shop and spat once at a staff member.

He also smashed a mobile phone at the scene at Masseytown Rotisserie Deli, on Paul St, Cork, on April 28, 2023.

There was a previous incident involving the same defendant that also gave rise to an assault prosecution being brought against the accused.

He pleaded guilty to that assault, the other assault, and the count of criminal damage in respect of the phone.

Sgt Murphy said in the other incident at Sheare St, Cork, that he assaulted another man by punching him. However, the injured party had no visible injuries when gardaí were dealing with the matter on March 20, 2023.

“He punched him two times to the head, and the injured party declined the offer to get medical treatment,” said Sgt Murphy.

The accused man had 43 previous convictions.

Solicitor Frank Buttimer said the accused had ongoing substance abuse difficulties and was reliant on homeless services.

“Mr O’Donovan is now going through a detox programme in Cork Prison,” said Mr Buttimer. “He is going to try, on his release, to access Arbour House and continue with sobriety.”

In reply to a question from Judge Dorgan, Mr Buttimer said that, regrettably, there was no hope of the accused raising compensation for the owner of the phone.

Imposing the sentence, Judge Dorgan remarked: “I have no doubt, if not intoxicated, these offences would not occur.”