Cork man on suspended drug sentence breached the peace

A 28-year-old man who had a two-year sentence for drug dealing suspended on condition that he keep the peace and be of good behaviour did “quite the opposite” and now will have to serve a portion of that sentence.

Judge Helen Boyle made this comment when the case against Aaron McSweeney, of 47 Glenfields Park, Ballyvolane, Cork, was re-entered before her at Cork Circuit Criminal Court.

On May 8, he had been given a two-year suspended sentence on a charge of having cannabis for sale or supply at the address on January 10, 2021. However, the judge was told in a re-entry of the case that five weeks after receiving this suspended jail term, the young man was arrested for breaching the peace on June 16. He had been shouting what the judge at Cork District Court described as “horrible vitriol” at gardaí, with threats of a sexual nature made against family of gardaí. He was jailed for five months for that breach of the Public Order Act.

Sergeant Gearóid Davis said gardaí went to investigate a disturbance at 1am on June 16 at Glenfields Park.

“Gardaí met with Aaron McSweeney, who was intoxicated and highly aggressive towards gardaí. He confronted gardaí on a number of occasions in a confrontational manner, while shouting threats at them.”

Threats were made by the 28-year-old, including graphic sexual comments. Judge Mary Dorgan described it as horrible vitriol. Comments that were shouted by Aaron McSweeney included: “I’ll kill your family”; “I’ll rape your wife and your kids”; “I’ll fight all of you”; “I’ll f*** your mother”; “You are all queers.”

He was sentenced to five months in jail for that outburst. And, in addition, that case triggered the application to activate the two-year suspended sentence. McSweeney was at risk of having to serve this two years, consecutive to the five months. Alan O’Dwyer, defence barrister, said: “He is 28, he has a partner who is supportive, he apologised profusely for his behaviour.”

Judge Boyle told the young man that when the two-year sentence was suspended, he was being given a chance, but he did not take it.

The judge said she could revoke the suspension on all or some or none of the two years. In the event, she said that to be proportionate she would activate three months, which would be consecutive to the five months he got in the district court. The judge said that she had to consider the totality of the eventual sentence being served, which now stands at eight months.