A “TALENTED MUSICIAN” with a record contract who hit an 11-year-old boy on a Dart has been handed an 18-month suspended prison sentence.

Dublin Circuit Criminal Court heard that Bakuani Diasivi (26) punched the boy on the Dart between Sydney Parade and Lansdowne Road stations.

Diasivi’s partner had been arguing with the boy’s older sister and the two women became involved in a physical altercation before the incident occurred.

Diasivi of Cardy Rock Crescent, Balbriggan, Co. Dublin pleaded guilty to affray on 2 July, 2024. He was on bail for another offence at the time and serving a suspended prison sentence.

Yesterday, Judge Orla Crowe said it was “hard to understand how a situation could break out on a Dart in relation to people who were traveling into town, but it did and he got involved.”

She noted Diasivi struck the boy and it was “fortunate” the child did not suffer more serious consequences.

Having reviewed the facts of the case 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.

The court heard during a previous sentence hearing that Diasivi and his partner got onto 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 fuck 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 then became involved in a physical 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 the Lansdowne Road station. Diasivi waited and spoke with gardaí.

When gardaí arrived, they noticed the boy had some redness to his face and his older sister had some scratches on her face. CCTV showed the interaction between the parties before the assault took place, but not the actual incident itself, the court heard.

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.

The garda agreed with Oisin Clarke BL, defending, that Diasivi was co-operative with the investigation and entered an early guilty plea.

It was further accepted that Diasivi told gardaí he only got involved as he believed the boy was attempting to punch his girlfriend and agreed that he shouldn’t have hit the child.

The garda also agreed that the punch was not full force, and the boy suffered a superficial injury.

Counsel said his instructions are that Diasivi’s partner had had a miscarriage several months earlier and he was “overprotective”.

He said his instructions are that Diasivi did not direct his initial comment at the boy. Counsel noted that Diasivi did not get involved until after the violence had started, which had nothing to do with him initially.

Diasivi’s partner is due to give birth shortly and he will be required at home to mind their infant while she is in hospital, counsel said. He is working part-time and is a “talented musician” who has been signed by a record label, Clarke said.

Counsel said it is 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 has no previous convictions for violence and is regretful for his actions. Diasivi had also brought €1,000 to court as a token of remorse, which the boy’s family are willing to accept.

Judge Crowe directed that the €1,000 should be paid to the investigating garda to be sent to the boy’s family.

She also directed Diasivi to appear at Balbriggan District Court on 5 March when a prosecution application under Section 99 of the Criminal Justice Act 2006 will 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.