Man's suspended sentence not activated after 'blip' which saw him cause disturbance after drinking

Because of provisions of the Children’s Act in relation to the identification of children who are victims of crimes, the defendant in this case cannot be identified.
Man's suspended sentence not activated after 'blip' which saw him cause disturbance after drinking

Judge Boyle said that in all circumstances she would not activate the three-year sentence that was suspended in 2019.

A man with a three-year jail term hanging over him for endangering his children in a serious drunken driving incident put himself at risk of serving that time in jail through a more recent drinking outbreak.

Judge Helen Boyle was asked at Cork Circuit Criminal Court to consider revoking the suspension on the three-year jail term in light of the later incident.

The judge was told that the main incident dated back to the early hours of February 10 2019 when he assaulted his wife at the family home in County Cork. He then put his children into his car, drove while drunk and lost control of the car which almost flipped over on its roof.

Gardaí found him afterwards asleep in the driver’s seat and the children in the car were uninjured.

He was sentenced in 2019 for assaulting his wife and endangering the children.

Because of provisions of the Children’s Act in relation to the identification of children who are victims of crimes, the defendant in this case cannot be identified.

While the defendant was staying out of trouble, Judge Boyle was told there was one ‘blip’ when he went drinking in a shed attached the family home and caused a disturbance.

Sinead Behan defence barrister said the drunken incident dated back to June 2021 and that triggered the re-entry of the 209 suspended sentence.

Ms Behan said that apart from this incident in June last year there had been no further difficulties. She said the accused attended a residential treatment programme for his alcohol addiction and that his relationship with his wife had improved.

She also said that following an investigation, Tusla were satisfied to close the file in the case and there were no child protection concerns. He is working and supporting his wife and children, the barrister said.

Judge Boyle said that in all circumstances she would not activate the three-year sentence that was suspended in 2019.

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