Courts / Ireland / Report

Addict who threatened Luas security and claimed he had HIV fails in appeal

Date
2021-03-05
Stage
Appeal

Summary

Joseph Griffiths, aged 36 and homeless at the time, pleaded guilty in the Circuit Criminal Court to making threats with a syringe under the Non‑Fatal Offences Against the Person Act 1997 after he threatened to stab two Luas security guards with a syringe while claiming he was HIV positive. In July 2019 Judge Elma Sheahan sentenced him to four years in prison, a reduction from the headline five‑year sentence after considering mitigating factors such as his long history of drug abuse and efforts to stop using drugs. Griffith's appeal to the Court of Appeal was dismissed by Justice Isobel Kennedy, who found no error in the sentencing judge's decision. The appeal was rejected on the basis that the threats were frightening and volatile, and that the victims were strong, well‑prepared men who were not elderly or vulnerable. The Court noted Griffith's 18 previous convictions and upheld the four‑year sentence.

Who, what, where, when and why

What: Report matter: Addict who threatened Luas security and claimed he had HIV fails in appeal. Charges or matters: making threats with a syringe contrary to the Non-Fatal Offences Against the Person Act 1997. Procedural stage: appeal

When:

Case subjects

Joseph Griffiths

Convicted Person

Charges: making threats with a syringe contrary to the Non-Fatal Offences Against the Person Act 1997 (Admitted)

Plea: Guilty

Outcome: In July 2019 Judge Elma Sheahan sentenced him to four years in prison. Sean Prendiville BL, for Griffiths, argued today that the sentence was unfair given that his client did not use any actual violence.

Places mentioned

Court Venue
  • Circuit Criminal Court
  • Court of Appeal

Topics

Drugs Stage Appeal

Read the original CNI report

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