Latest news with #DistrictCourtAppealsCourt
Irish Examiner
8 hours ago
- Irish Examiner
Trespasser who took 'every bit of independence' from vulnerable pensioner has jail term doubled
A trespasser who entered a vulnerable 88-year-old man's home, taking "every bit of independence" from him, has had his original jail term doubled, despite appealing to the judge for a lower sentence. The appeal court heard that Gerry Cash, aged 33, with an address at Tombrack, Ferns, Co Wexford, left the vulnerable pensioner, who has short-term memory loss, in a distressed state after entering his Co Kildare house. Cash was convicted in the district court of trespassing on a building in a manner that causes or is likely to cause fear in another person contrary to section 13 (1) of the Criminal Justice (Public Order) Act, 1994. He was sentenced to nine months in custody with the final six months suspended and later lodged an appeal against his conviction. However his defence counsel, Asma Saleh BL, informed the court on Monday that the case would proceed by appealing the severity of sentence only and the prosecuting garda's evidence was not contested. The offence Garda Padraig Murphy told the District Court Appeals Court that gardaí got a report on February 22, 2023, from the daughter of the injured party. He said that a neighbour alerted her that they saw a white van outside her father's house and that a man knocked on the window and the door of the house. Garda Murphy said that the man was heard shouting 'I've got you that' before entering the house. He said that the neighbour saw the man in the sitting room and he later left the property in his van. Gda Murphy said that the victim was left 'very shaken and pale' after the incident. The garda said that the man was in the care of his daughters, who left him alone for one hour a day. He said this had never happened to the man before and he had no memory of the incident due to his memory loss difficulties. Garda Murphy said that CCTV was obtained and shared with gardaí allowing Cash to be identified, arrested and detained. He said that in the interview, Cash admitted to being at the scene and leaving a calling card. He was charged with trespassing and was convicted in the district court. Ms Saleh said that Cash is 'extremely remorseful' for his actions and that he is aware it was bad behaviour. She said that her client's doctor reports that he suffers from anxiety, depression and low mood swings. She also said that his wife is currently pregnant after a long time in IVF treatment. Victim impact statement The daughter of the injured party gave a victim impact statement, telling the court that she is her father's full-time carer and that he used to have one hour on his own. She said when she came into her father's house that day he didn't know what had happened and was very pale. She said that he shook as she showered him and he was very upset. She said: 'That man took every bit of independence from my father'. She said that her father worked all of his life and he 'didn't deserve for that to happen to him'. Ruling Judge Dara Hayes said that the court had the power to increase the appellant's jail sentence as well as decreasing it on appeal. He said that the original sentence of nine months in custody with the final six months suspended was 'lenient under the circumstances'. He said that it was clear from the injured party's reaction that he was put in a position of some distress. The judge said that whatever independence the man had was taken away and that the injured party was entitled to be unmolested in his own home. Judge Hayes decided to keep the sentence of the district court of nine months in custody but only suspended the final three months. This represents an increase from an effective three months in custody in the original sentencing, to six months in custody after appeal. He said that he would suspend the final three months for the period of 12 months on the condition that Cash keeps the peace and does not contact the injured party or his family again.
Irish Independent
3 days ago
- Irish Independent
Man who broke safety order by posting video of ex wife with ‘abusive' music online gets jail sentence suspended on appeal
The man, who cannot be named for legal reasons, posted a video of four pictures on a loop, one of which showed his former wife in a swimsuit on a beach with her face distorted. He had pleaded guilty in the District Court to breaching a safety order contrary to section 33(1) of the Domestic Violence Act 2018 on June 13, 2024 but lodged an appeal against his sentence. Garda Noel McBrearty told the District Court Appeals Court that gardaí received a report from the injured party that her former husband had breached a safety order. He said that gardaí were made aware of a video posted to the man's Facebook page, which featured rap music playing over four images on a continuous loop. Garda McBrearty said that the first image was of the injured party wearing a swimsuit on a beach, the second image featured the woman's new partner, the third showed a vehicle the woman had previously owned and the fourth was another picture of the woman. He said the injured party told him that the rap music had lyrics which were 'abusive in nature'. Garda McBrearty said that all of the images had digitally distorted facial features but the injured party was able to identify herself in the pictures. Defence counsel for the man, Chloe Geraghty BL, said that her client recognised the 'stupidity' in posting the video on a public platform, although the woman was blocked from his page at the time. She said that the man had a very difficult time accepting the relationship was over but has now moved on. Judge Christopher Callan told the defendant that he breached the safety order less than a month after it was issued, adding that he was not sure the man understood what he was obliged to do under the order. ADVERTISEMENT The appellant told the judge that he now understands and apologised for his actions, adding that he will not do it again. Judge Callan told the man that he was 'running out of road rapidly' but decided to suspend the sentence of four months for the period of 12 months on the condition that he keeps the peace and abides with the directions of the safety order to not to contact the injured party by any means.
Sunday World
3 days ago
- Sunday World
Man who threatened to shoot garda and spat blood in patrol car has jail term overturned
Thomas McDonagh (23) had pleaded not guilty in the District Court to four charges A man who threatened to shoot a garda, acted 'extremely aggressively' and spat blood in a patrol car has had his six-month prison sentence replaced with a suspended term on appeal. Thomas McDonagh (23) with a last address at St Margaret's Park, Ballymun, Dublin made threats to a garda member's life and repeatedly squirted Lucozade at him. McDonagh had pleaded not guilty in the District Court to four charges including failure to comply with a garda member under section 8 of the Criminal Justice (Public Order) Act, 1994, obstruction of a peace officer under section 19 of the act and threatening and abusive behaviour under section 6 of the same act. He also faced a charge for the criminal damage of a garda car under section 2(1) of the Criminal Damage Act 1991. He was convicted of all four charges and given a sentence of six months in custody, a term against which he later appealed. Dublin District Court Today's News in 90 Seconds - July 19th Garda Pierce O'Dwyer told the District Court Appeals Court on Monday that he responded to a call at St Margaret's Park in Ballymun on May 12, 2023. He said that gardaí were surrounded by ten to 12 men who were demanding that they leave and were acting aggressively. Garda O'Dwyer said that McDonagh was 'extremely aggressive from the start' and shouted a number of threats at him, including that he knew where he lived and that he would shoot him. He said that McDonagh sprayed him twice with a bottle of Lucozade and continued to be aggressive with him. Garda O'Dwyer said that McDonagh was arrested, handcuffed and conveyed to a garda station, where his aggressive behaviour continued and he spat blood in a garda car, resulting in a cleaning fee of 52 euro. Defence counsel for McDonagh, Paul Larkin Coyle BL, said his client now accepts that his behaviour was totally unacceptable and was appealing the case on the severity of his sentence only. Mr Coyle said McDonagh was 'begging for a chance' so that he can be present for his children and that his client made an apology to the garda and the court for his behaviour. Mr Larkin said that McDonagh's pregnant wife was in hospital at the time of the incident, and McDonagh 'got lost in the emotion of it' and 'totally lost the head'. He said that his client is now the father of twins, understands the error of his ways and has removed himself from a situation where he was getting in trouble. The court heard that McDonagh has 22 previous convictions, including incidents of theft, criminal damage and the possession of a knife. Judge Christopher Callan said that McDonagh's actions were serious and it was 'difficult to see how the court can have much sympathy for him' after he threatened to shoot a garda and behaved aggressively. Judge Callan said that the job of a garda in this day and age is very difficult and what McDonagh did 'does not make it easy'. He said that what McDonagh did to the garda was 'completely unacceptable' but it does appear that he is turning a corner in his life since the incident. Judge Callan decided to suspend McDonagh's six month sentence for a period of two years on the condition that he keeps the peace, engages with the probation services and provides a donation of 500 euro to the Capuchin Day Centre. Funded by the Courts Reporting Scheme
Irish Independent
4 days ago
- Irish Independent
Man who threatened to shoot garda and spat blood in patrol car has jail term overturned on appeal
Thomas McDonagh (23) with a last address at St Margaret's Park, Ballymun, Dublin made threats to a garda member's life and repeatedly squirted Lucozade at him. McDonagh had pleaded not guilty in the District Court to four charges including failure to comply with a garda member under section 8 of the Criminal Justice (Public Order) Act, 1994, obstruction of a peace officer under section 19 of the act and threatening and abusive behaviour under section 6 of the same act. He also faced a charge for the criminal damage of a garda car under section 2(1) of the Criminal Damage Act 1991. He was convicted of all four charges and given a sentence of six months in custody, a term against which he later appealed. Garda Pierce O'Dwyer told the District Court Appeals Court on Monday that he responded to a call at St Margaret's Park in Ballymun on May 12, 2023. He said that gardaí were surrounded by ten to 12 men who were demanding that they leave and were acting aggressively. Garda O'Dwyer said that McDonagh was 'extremely aggressive from the start' and shouted a number of threats at him, including that he knew where he lived and that he would shoot him. He said that McDonagh sprayed him twice with a bottle of Lucozade and continued to be aggressive with him. Garda O'Dwyer said that McDonagh was arrested, handcuffed and conveyed to a garda station, where his aggressive behaviour continued and he spat blood in a garda car, resulting in a cleaning fee of 52 euro. Defence counsel for McDonagh, Paul Larkin Coyle BL, said his client now accepts that his behaviour was totally unacceptable and was appealing the case on the severity of his sentence only. Mr Coyle said McDonagh was 'begging for a chance' so that he can be present for his children and that his client made an apology to the garda and the court for his behaviour. Mr Larkin said that McDonagh's pregnant wife was in hospital at the time of the incident, and McDonagh 'got lost in the emotion of it' and 'totally lost the head'. He said that his client is now the father of twins, understands the error of his ways and has removed himself from a situation where he was getting in trouble. The court heard that McDonagh has 22 previous convictions, including incidents of theft, criminal damage and the possession of a knife. Judge Christopher Callan said that McDonagh's actions were serious and it was 'difficult to see how the court can have much sympathy for him' after he threatened to shoot a garda and behaved aggressively. Judge Callan said that the job of a garda in this day and age is very difficult and what McDonagh did 'does not make it easy'. He said that what McDonagh did to the garda was 'completely unacceptable' but it does appear that he is turning a corner in his life since the incident. Judge Callan decided to suspend McDonagh's six month sentence for a period of two years on the condition that he keeps the peace, engages with the probation services and provides a donation of 500 euro to the Capuchin Day Centre. Funded by the Courts Reporting Scheme
Sunday World
12-07-2025
- Sunday World
Man who was nearly three times over legal limit has conviction overturned on appeal
Daniel Keelan (47) was convicted in the District Court and given a two-year driving disqualification, along with a €200 fine A man who had denied drunk driving has had his conviction overturned on appeal, after a judge found the validity of the defendant's arrest was in question. Daniel Keelan (47) with an address in Ashbourne, Co Meath, had pleaded not guilty in the District Court to drink driving in the town on August 21, 2022, contrary to section 4(4)(a) & (5) of the Road Traffic Act 2010. Mr Keelan was convicted in the District Court and given a two-year driving disqualification, along with a 200 euro fine. He launched an appeal against his conviction, which was heard at the District Court Appeals Court sitting in Trim on Wednesday. Stock image News in 90 Seconds - Saturday July 12 Garda Saoirse Horan, of Ashbourne Garda Station, told the court that she was on patrol along Frederick Street in Ashbourne at around 9.55pm when she noticed a black BMW driving at speed past the garda patrol car. Garda Horan said that she pursued the car but it failed to stop when she indicated for it to do so. She said that the car then turned into the car park of an apartment complex. She said that when she approached, she observed a male slouched in the driver's seat who refused to get out of the car. She said that the man gave her his licence at the scene, where she said she got Mr Keelan's details and address. Garda Horan said that Mr Keelan was argumentative with gardai, that there was a strong smell of alcohol coming off him and that his speech was slurred. Garda Horan said that she cautioned Mr Keelan that he was being arrested under section 4.8 of the Road Traffic Act 2010 and that she handcuffed him due to what she said was his 'initial non-compliance and aggressive demeanour'. She said that Mr Keelan was taken into custody, where a test for alcohol was carried out which she said recorded an alcohol level of 59mg per 100ml of breath. The legal limit is 22mg of alcohol per 100ml of breath. Defence counsel for Mr Keelan, Martin Dully BL, said that his client recalls that when the garda vehicle stopped at an angle, a garda member jumped out, immediately pulled open Mr Keelan's door and pulled him out of the vehicle. Mr Dully said that the first thing Mr Keelan knew about what was happening, he found himself between the garda vehicle and his own with handcuffs on, and the garda hadn't spoken to him. Garda Horan said that she did not put handcuffs on Mr Keelan without explaining the reason for his arrest. Mr Keelan also maintained that he could not have been speeding on the road, as there were roadworks and 'traffic bumps' present at the time. Mr Keelan said that the first time that his driver's licence was requested was in the garda station and not at the scene. Garda Horan said that she got the information about the defendant's home address being in Ashbourne from his driving licence at the scene of the arrest. However, Mr Dully produced Mr Keelan's driving licence in court and said it actually reads that his address is in Baldoyle, and so Garda Horan's evidence could not have been correct. Judge John Martin said that the conflicting information regarding when and where the driver's license was obtained 'casts a doubt' over which version of events is correct. He said that, as he had a slight doubt about what had happened in the car park, this put the validity of the arrest into question. Judge Martin decided in those circumstances to allow the appeal of Mr Keelan's conviction. Funded by the Courts Reporting Scheme
