Defendant asks judge for more time in prison

Fionnuala Walsh

A man who was convicted of breaching a safety order has asked for more time in prison, telling a court that he feels jail is a safer environment and that he wants to “keep his head down”.

The man, who cannot be named for legal reasons, asked the District Court of Appeals judge to extend his time in custody in order to complete courses while in prison.

The man pleaded guilty in the District Court to breaching a safety order contrary to section 33(1) of the Domestic Violence Act 2018. He was convicted and sentenced to ten months in custody before later lodging an appeal against his sentence.

The maximum sentence for this offence is 12 months in prison.

Garda Mark Carey told the District Court Appeals Court yesterday that he responded to a call at an address in Leinster on August 18 last after a report of a breach of a safety order.

He said he spoke to the appellant and arrested him at 1.30pm for the breach. He said the man was later charged and he made no reply to caution.

Gda Carey said that the man has 56 previous convictions, including those for assault and criminal damage.

Defence solicitor for the man, Paddy McGarry, said he had an “unusual application” to make in that he had been instructed by this client to request an increase to his sentence.

He said that the defendant is “doing well in prison” and that the man feels it is a safer place for him.

Mr McGarry said that his client seems “completely institutionalised”.

He said that his client wants to extend his prison sentence in order to spend more time rehabilitating himself and completing courses within the prison system. He said that prison courses take time for people to get enrolled in and complete, and a release would disrupt this process.

Judge Fiona O’Sullivan said that she “heard what he’s saying” about courses in prison taking time.

However, she said that she must consider the mitigating circumstances, including that the defendant had pleaded guilty early in the District Court.

The defendant addressed the judge, telling her: “I want to do those courses and keep my head down.”

He said that he “doesn’t want to be in prison ever again” after this, but said he felt like the judge not immediately sentencing him would be a “barrier to him”.

Judge O’Sullivan said that it would be of benefit to order a psychological report before making a decision.

The man asked again for the judge to sentence him instead of making orders.

Judge O’Sullivan decided to put the matter back for finalisation until December 1st, in order for a psychologist’s report to be made.