A father-of-four who stole cash from a doctor has been given three years in jail for two robbery offences.
Emilio Flynn (27) of Claddagh Road, Ballyfermot, Dublin pleaded guilty at Dublin Circuit Criminal Court to robbery, false imprisonment and extortion at Buckingham Street, Dublin 1, on June 26th, 2015.
Sergeant Michael Galligan told Fiona McGowan BL, prosecuting, that on the evening in question, Dr Patrick Duffy had finished a shift at James' Hospital and was travelling home when he was approached by Flynn, who asked him for a cigarette.
Sgt Galligan said that Flynn said he knew Dr Duffy's face, gestured that he had a knife and told him to hand over his wallet and phone. After the victim did so, Flynn took money from the wallet, handed it back to Dr Duffy and told him they were going to an ATM.
Flynn and the victim walked together down Buckingham Street towards an ATM on Talbot Street.
On the way, Flynn said that he wished he did not have to do this but that he had to put his daughter first.
After Flynn took the cash that the victim had withdrawn from the ATM, Dr Duffy asked if he could have his SIM card back. Flynn agreed, but said that he had to get something to open the phone and they travelled together towards Summerhill.
Piece of paper
Flynn told Dr Duffy to wait, and he would come back with his SIM card, which he handed back to the victim when he returned 15 minutes later.
The accused then wrote a time, an amount of cash and his own phone number on a piece of paper and told the victim that he was to contact him when he had the money “or you're done”. He told Dr Duffy he knew where he lived and where he worked.
When interviewed by gardaí following his arrest, Flynn said his judgement had been affected by the tablets he was taking. He said he was homeless at the time and that he wanted to apologise for his actions.
Flynn has 29 previous convictions, including convictions for theft, forgery, assault and possession of drugs.
Sgt Galligan agreed with Pieter Le Vert BL, defending, that no knife was ever produced and because it was possible that Flynn could have used a knife to open the phone, it could be interpreted that he did not have a knife.
At an earlier hearing in July 2020 Judge Elma Sheahan said that the victim moved in the aftermath of the offence due to being told that Flynn knew where he lived and also stopped walking home from work.
Judge Sheahan noted that Flynn is the father of four children and that imprisonment may hinder his rehabilitation. She told the accused that he is being given a second opportunity and “will not get a third”.
At that July 2020 hearing she placed Flynn on a 12-month probation bond and ordered that he remain drug and alcohol-free during that period and that he engage in anger management and grief counselling.
On Monday the court heard Flynn who was working at the time as a cleaner and worked nights found it difficult to attend the outlined probation services.
Flynn travelled to the UK to deal with family bereavements was unable to travel back to Ireland as he did not have a Covid-19 vaccine certificate.
Flynn was due to appear in court in July 2021 having completed his twelve-month probation bond, but he failed to do so as he was still in the UK. A bench warrant for his arrest was issued.
The court heard that on returning to Ireland Flynn did not present to gardai for some time. When he did present himself to the gardai on April 6th, 2022 he was taken into custody and has remained there since.
Judge Sheahan on Monday noted that Flynn had been given the opportunity for rehabilitation and that he has taken up the time of an extremely overrun probation service.