Man caught by gardai drunkenly trying to climb in ex's window has jail term suspended on appeal
A man who was caught by gardai drunkenly trying to climb in his ex-partner’s window after repeatedly breaking a safety order has had his three-month jail term replaced with a suspended sentence on appeal.
The man, who cannot be named for legal reasons, was arrested after acting “highly aggressively” toward his ex-partner at her Dublin home.
He was convicted in the District Court of two counts of breaching a safety order contrary to section 33 (1) of Domestic Violence Act 2018. He was sentenced to three months in custody and later lodged an appeal against the severity of that term.
Garda Nathalie Ferreira told the District Court Appeals Court on Tuesday that on August 18, 2024 she arrested the man after reports that the injured party had to leave her house because she was put in fear.
She said that the man became highly aggressive and threatened her with abusive language.
Garda Ferreira said that the defendant was arrested and taken to court the next day. She said that the following night on August 19, the man went back to the house, hitting the front door and charging at it. The injured party said that this put her in fear for her children.
Garda Ferreira said that when she arrived on the night of August 19, she saw the defendant trying to climb the house in an attempt to enter by the top floor window. She said that he was intoxicated on both occasions and that five alcohol cans were found outside the premises on August 19.
Gda Ferreira said that the defendant was arrested again and taken to court the next day. She said that the man was cooperative with gardai.
Defence counsel for the man, Lydia Daly BL, told the court that her client was in a “bad mental health stage” at the time but he has been sober for a number of months and is attending AA meetings.
She said that her client is seeing a psychiatrist and that he is a family man with a good work ethic.
Judge Deirdre Brown said that these are very serious matters that “clearly didn’t start in August”, as the safety order began in January 2024.
She said that a home is supposed to be a refuge and that it’s not acceptable to put someone in fear in their own house.
However, she said it is clear from testimonial letters that the defendant recognises he “has his own demons” and that it would be a “dreadful thing” for his children if their dad was sent to prison.
She decided to increase his sentence from three months to six months but suspended it in its entirety for a period of one year.
Judge Brown suspended the sentence under the condition that the man enter the supervision of the probation service and follow all of their directions, in particular regarding psychological counselling and treatment for alcohol abuse.