logo
Judge doubles jail term for trespasser who asked for lesser sentence

Judge doubles jail term for trespasser who asked for lesser sentence

Irish Times4 days ago
A trespasser who entered an 88-year-old man's home, taking 'every bit of independence' from him, has had his original jail term doubled after appealing to the judge for a lower sentence.
The appeal court heard Gerry Cash (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 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.
His defence counsel, Asma Saleh, on Monday informed the court the appeal related to the severity of sentence imposed.
READ MORE
Judge Dara Hayes said the court has the power to increase or decrease an appellant's jail sentence. He said the original sentence of nine months in custody with the final six months suspended was 'lenient under the circumstances'.
He maintained the original nine-month sentence but halved the suspended portion to cover the final three months.
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 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 the man was heard shouting 'I've got you that' before entering the house. He said the neighbour saw the man in the sitting room and he later left the property in his van.
Garda Murphy said the victim was left 'very shaken and pale' after the incident. He said the man was in the care of his daughters, who left him alone for one hour a day. He said the man had no memory of the incident due to his memory loss difficulties.
Cash admitted in a Garda interview 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 Cash is 'extremely remorseful' for his actions and is aware it was bad behaviour. She said her client's doctor reports that he suffers from anxiety, depression and low mood swings. His wife is currently pregnant after a long time undergoing IVF treatment, she said.
The daughter of the injured party told the court her father did not know what had happened and was very pale after the incident. She said he shook as she showered him and he was very upset.
'That man took every bit of independence from my father,' she said.
Judge Hayes said it was clear from the injured party's reaction that he was put in a position of some distress. The judge said whatever independence the man had was taken away and he was entitled to be unmolested in his own home.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Three men charged in relation to seizure of €340,700 in cash
Three men charged in relation to seizure of €340,700 in cash

Irish Times

time3 hours ago

  • Irish Times

Three men charged in relation to seizure of €340,700 in cash

Three men have appeared in court charged in connection with the seizure of more than €340,700 in cash in Drumcondra, north Dublin on Friday. Mohamed Alsourani (43), Anas Altahlh (40) and Issa Al Aboud (43) appeared before Dublin District Court on Saturday evening. The three men are charged with being in possession of the cash knowing or believing it was the proceeds of criminal conduct. Gardaí told the court that the men were stopped in a taxi while on the way to Dublin Airport after the Garda Response Team received confidential information. The men had arrived in Ireland on July 22nd and stayed in a room in a hotel in the north inner city. The court heard two of the men are Syrian-Swedish citizens and that an Arabic translator would be required for the third man. READ MORE Judge Anthony Halpin refused bail for the three men while legal aid was granted. They will appear before Cloverhill District Court for mention on July 30th.

Man (40s) hospitalised following assault in Dublin city centre
Man (40s) hospitalised following assault in Dublin city centre

Irish Times

time3 hours ago

  • Irish Times

Man (40s) hospitalised following assault in Dublin city centre

Gardaí have confirmed that they are investigating an assault in Sean McDermott Street in Dublin 1 in which a man in his forties suffered 'serious injuries.' The assault took place at around 10pm on Friday. The injured man was transferred by ambulance to Beaumont Hospital where he continues to receive treatment. No arrests have been made and enquiries are ongoing. Anyone who witnessed this incident or has information relating to the assault is asked to contact Mountjoy Garda Station on 01 666 8000 or the Garda Confidential line on 1800 666 111.

Gardaí question three men following seizure of €345,000 in cash
Gardaí question three men following seizure of €345,000 in cash

Irish Times

time5 hours ago

  • Irish Times

Gardaí question three men following seizure of €345,000 in cash

Three men in their forties are being questioned by Gardaí in connection with the seizure of €345,640 in cash following the search of a vehicle in Drumcondra in Dublin on Friday. The search was carried out as part of an operation targeting an organised crime group involved in money laundering and the sale and sale of drugs in Dublin. Members of the Dublin Crime Response Team (DCRT) searched three male passengers in the vehicle and their luggage and located and seized the cash. The men are being detained in garda stations in the Dublin region. Assistant Commissioner Paul Cleary, Dublin Metropolitan Region said that this 'significant seizure' of cash not only removes ill-gotten gains from the hands of criminals, but also deprives them of money they would have used to 'fund further criminal activities and cause harm in our communities.'

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store