Jail sentence for breaching protection order, stealing alcohol, overturned on appeal
A serial offender who breached a protection order, stole alcohol and acted in a threatening and abusive manner in public several times has had his 13-month jail sentence replaced with a fully suspended sentence on appeal.
The man, who cannot be named for legal reasons, lodged an appeal against the severity of 18 of his convictions.
Judge Christopher Callan at the District Court Appeals Court said that a probation report disclosed that the man was at a high risk of reoffending, but that he had also demonstrated a remarkable change in behaviour.
The man was convicted in the District Court of contravening a protection order, three counts of theft and six counts of failure to appear in court. He was also convicted of four counts of being intoxicated in a public place, three counts of using threatening and abusive behaviour and one count of refusing to give his name.
He was given a six-month sentence on one count of theft, a further three months consecutive on the breach of a protection order and another four-month consecutive sentence for a failure to appear in court. All other matters were taken into consideration.
He later lodged an appeal against the severity of his 13-month jail sentence.
Sergeant Shay Leonard told the court on Tuesday that in April 2023, the man breached a protection order by banging on the windows of a woman’s address, putting her in fear.
He said that on March 24, 2024 a staff member in SuperValu identified the man after he took €54 worth of items. He said that the man ran off as gardai approached.
The sergeant said that in another incident on January 21, 2023, the man was observed drinking alcohol and acting in an abusive manner.
He said that on February 5, 2023 the man was observed running from a shop with cans of Bulmers to the value of €16.
He said that on November 25, 2021 the man took items from shelves in a shop and was followed by two staff members. He said that groceries worth €32 were recovered.
Sergeant Leonard said that on another occasion in December 2022 in Ballyfermot, gardai on patrol observed a man lying on the ground. He said that when they checked on his welfare, the man became abusive towards the officers.
The sergeant said that on December 26, 2023, the man was intoxicated and caused a disturbance. On another occasion, he said that gardai on patrol observed the man when he was highly intoxicated and that he screamed aggressively in a person’s face.
Sergeant Leonard said that the man has 31 previous convictions.
Defence solicitor for the man, Andrew Molony, said that a probation report showed that his client had made progress and that he was eager to continue.
He said that a lot of the issues stemmed from the appellant’s serious addiction to alcohol but that he has since made huge progress, although this was still an “ongoing battle”.
Mr Molony said that his client appears to be a man turning a corner and that he is looking to go into full time residential treatment.
He said that he had never seen his client as fit and healthy as he presented on the day.
Judge Christopher Callan said that the court had to balance the offences committed by the man and with the need for society to see a system which sanctions appropriately. He said that on the other hand, the court should try and bring the appellant back onto the straight and narrow.
He said that the probation report was positive but it also indicated that the man is still at a serious risk of reoffending.
Judge Callan said that the man had demonstrated a remarkable change in behaviour.
He decided to suspend the sentence of 13 months for a total of two years on the condition that the defendant enter the supervision of the probation service and continues to address his substance misuse issues through addiction counselling.
Judge Callan also made the condition that the man must participate in education and training and that he must have no communication with the injured party or cause her distress.
Funded by the Courts Reporting Scheme
