'Highly aggressive' blade offender has jail sentence overturned
A repeat offender who acted highly aggressively with gardai and was found to be concealing a pointed blade has had his four-month jail term replaced with a fully suspended sentence on appeal.
Defence counsel for Vasile Canta (38) said that his client accepted he had a nail file in his pocket during the incident but submitted that he was “terrified of going to jail”.
Canta, with former addresses in Rialto and Gardiner Street in Dublin, originally pleaded not guilty in the District Court to possessing a sharply pointed blade contrary to section 9 of the Firearms and Offensive Weapons Act, 1990.
He was also accused of using threatening and abusive behaviour contrary to section 6 of the Criminal Justice (Public Order) Act, 1994.
Canta was convicted and sentenced to four months in custody for the weapons charge, with the threatening behaviour taken into consideration. He later lodged an appeal against the severity of his sentence.
Garda Philip Collins told the District Court Appeals Court on Tuesday that on February 11, 2024 he responded to a disturbance at Henrietta House in Dublin 7.
He said that Canta was “highly aggressive” with gardai, spitting at them and swinging his arms at them.
Garda Collins said that Canta had to be restrained and that he found a sharp article concealed on his person when he carried out a search. He said that Canta made no reply when he was charged.
Garda Collins told the court that Canta has nine previous convictions, including incidents of threatening and abusive behaviour and the possession of knives and other articles.
Defence counsel for Canta, Sean Prendiville BL, said that his client was very intoxicated at the time of the incident and that he has since dealt with those issues.
He said Canta accepted that he had a nail file in his pocket but submitted that he didn’t brandish it at anyone.
Mr Prendiville said that his client was “terrified of going to prison” and is extremely apologetic for his actions.
Judge Fiona O’Sullivan decided to fully suspend Canta’s four-month sentence for a period of 12 months on the condition that he goes under the supervision of the Probation Service and follows all of their directions, particularly in regards to alcohol abuse.
She also directed that he joins Alcoholics Anonymous and attends all of their meetings.