Latest news with #JudgeDaraHayes
Irish Times
22-07-2025
- Irish Times
Judge doubles jail term for trespasser who asked for lesser sentence
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.
Irish Times
19-05-2025
- Irish Times
Kyle Hayes to carry out community service instead of prison, judge confirms
Limerick hurler Kyle Hayes has avoided jail after a judge deemed him suitable for community service. Hayes was back in court on Monday, less than 24 hours after he was named man of the match in Limerick's defeat of Cork in the fourth round of the Munster senior hurling championship. Judge Dara Hayes had previously indicated at Limerick Circuit Criminal Court that he faced serving 180 hours of community service in lieu of three months in jail. After confirming the order, however, the judge warned Hayes he would be going to prison if he committed further criminal offences. READ MORE The suspended jail term was imposed on the Limerick centre-back after a jury convicted him of two counts of committing violent disorder, inside and outside, the Icon nightclub, Limerick, in 2019 - charges he denied at a trial in 2023. On Monday the judge reminded Hayes that all of the relevant legal 'obligations and requirements' on the hurler had been 'explained' to him. The judge warned that 'non-compliance' with the order would see the All-Star hurler going to jail. Addressing Hayes, the judge said: 'If there is non-compliance you will be brought back before the court and the (three month) sentence will be imposed.' Hayes replied: 'Yes, judge.' The judge said he would make 'no order' on the hurler's second conviction for violent disorder, in respect of the same night at the nightclub in 2019. The terms of the judgement order, specifically, where and when Hayes will be starting his community service, were not dislocated in court. Judge Hayes said the hurler must complete the community service order within 12 months. Hayes's barrister, senior counsel Brian McInerney, confirmed to the court that the probation service had deemed the hurler suitable for community service in lieu of the jail sentence. 'A suitable service has been selected and all other matters have been satisfied,' Mr McInerney told the court. Hayes (26) of Ballyahsea, Kildimo, Co Limerick, appeared as part of long-standing 'Section 99 Re-entry' proceedings. The hearing was initially triggered after Hayes engaged in dangerous driving at Mallow, Co Cork, four months after the violent disorder concurrent suspended sentences of 18 months and two years were imposed on him in March 2024. On July 14th, 2024, Hayes was recorded by a Garda overtaking nine cars in a row on a stretch of the N20 Cork- Limerick dual carriageway, whilst driving 55kph above the 100kph speed limit. Hayes subsequently lost an appeal against the driving conviction on March 12th 2025, for which he was given a two-year driving ban and fined €250. Previously summarising the events from the Icon nightclub, Judge Hayes said the Limerick hurler was one of two men who 'aggressively approached' self-employed carpenter, Cillian McCarthy, and that Hayes was one of a group of four males who later on 'attacked' Mr McCarthy inside the nightclub. The judge said two gardaí gave evidence at Hayes's trial that they saw the hurler kicking a man lying on the street outside the nightclub, on the night, but the judge said there was no evidence before the court that the man on the ground was Cillian McCarthy. The judge said the trial jury acquitted Hayes of a third charge, assault causing harm to Mr McCarthy. He said Kyle Hayes had paid €10,000 in damages to Mr McCarthy as part of the terms of the suspended sentences imposed on him.
