Judge doubles jail term for trespasser who asked for lesser 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.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Irish Times
21 minutes ago
- Irish Times
Niall Gilligan found not guilty of assaulting boy (12) with stick
A jury has found former Clare All-Ireland winning hurler Niall Gilligan not guilty of assaulting a then 12 year-old boy with a stick. At Ennis Circuit Court today, the jury delivered a majority not guilty verdict that Mr Gilligan of Rossroe, Kilmurry, Sixmilebridge had assaulted, causing harm of the boy, at the Jamaica Inn Hostel, Sixmilebridge on October 5th, 2023. Mr Gilligan sat impassive in the court as the court registrar read out the not guilty verdicts. . Shortly after midday Judge Francis Comerford told the jury they could make a 11-1 or 10-2 majority verdict in the case. READ MORE In his closing speech to the jury on Monday, counsel for Mr Gilligan, Patrick Whyms BL, said in no way is Mr Gilligan trying to suggest that he was entitled to punish the boy as was suggested. He and said that the injuries sustained by the boy 'are clearly regrettable'. Mr Whyms said that on the evening at the Jamaica Inn hostel, Mr Gilligan 'didn't know that he was dealing with a child and did not create this situation'. Mr Whyms, instructed by solicitor Daragh Hassett, said that Mr Gilligan 'was at the end of his tether' by the vandalism being done to a vacant property he was trying to sell. Putting forward the defence of reasonable force against the charge, Mr Whyms said that Mr Gilligan was at the Jamaica Innhostel on the night of October 5th 'in the dark and believed that he was under siege'. He needed to 'make an instant decision and so we are here'. He said: 'Believing himself under threat and needing to protect himself and his property, Niall Gilligan needs to make an instant decision and so we are here.' Mr Whyms said: 'And Mr Gilligan, a family man who has young children and no previous convictions, gives a clear story which hasn't changed and an entirely credible, fulsome account of what happened.' In her closing speech on Monday, Ms Sarah Jane Comerford BL (instructed by State Solicitor for Clare, Aisling Casey) told the jury: 'This is a story of a man who lost his cool. She said: 'Instead of picking up the boy after he slipped and bringing him out to his car and driving him home and telling his parents, he hit him and lost it and he was angry and frustrated.' Ms Comerford said that the alleged assault in broad daylight 'is the action of a man who took out his anger and frustration on a child. There is no evidence that his injuries were caused by anything other than his interactions with Niall Gilligan'. Ms Comerford said that Niall Gilligan 'lost control and punished the boy for the damage and inconvenience caused to his property on a morning when he had to clean up human faeces and urine from his property'.
Irish Independent
22 minutes ago
- Irish Independent
Former hurler Niall Gilligan found not guilty of assaulting 12-year-old boy
A jury has found former All-Star and Clare All-Ireland winning hurler, Niall Gilligan not guilty of assaulting a then 12-year-old boy with a stick.
Irish Times
an hour ago
- Irish Times
Former TD Colm Keaveney banned from driving for four years for refusing to provide sample to Garda
Former Labour and Fianna Fáil TD Colm Keaveney has been banned from driving for four years after refusing to provide a blood or urine sample to gardaí following a late-night incident in Boyle, Co Roscommon. Keaveney (54), of Milltown Road, Tuam, Co Galway appeared before Judge Sandra Murphy at Carrick-on-Shannon District Court on Tuesday. He pleaded guilty to two offences: failing to provide a specimen under Section 12 of the Road Traffic Act and failing to stop after a collision. The incident occurred on October 11th, 2024, when gardaí observed a Ford Focus being driven without lights through Boyle. READ MORE The vehicle veered across the road and collided with a car waiting at a junction, but did not stop. It was later pulled over on St Patrick Street. When approached, Keaveney appeared intoxicated, was unsteady on his feet, had glassy eyes, and smelled of alcohol. He was arrested and brought to Carrick-on-Shannon Garda Station, where he refused to provide a blood or urine sample to a designated doctor despite a formal demand. His solicitor said Keaveney had been under significant personal strain, including the recent deaths of both parents and ongoing chronic pain from spinal surgery. She said he had no previous criminal convictions and had asked to see his own doctor at the station, which was not possible. He is a father of three, including an infant. 'Mr Keaveney is not the sort of person you expect to see before the court,' she said, citing his background and cooperation. Judge Murphy imposed a €250 fine and a four-year disqualification from driving. Other charges, including no insurance and no licence, were struck out after he produced valid documents. A long-time figure in politics, Keaveney began his political career on Tuam Town Council in 1999 and was elected to the Dáil in 2011 as a Labour TD for Galway East. He lost the party whip in 2012 over a vote of conscience on a Government plan to cut to an annual care grant as part of the 2013 budget and later joined Fianna Fáil, becoming the first sitting TD to cross directly between the two parties. He lost his Dáil seat in 2016 and later served one term on Galway County Council.
