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29/07/2021

Judge orders that compensation to be paid to Kilkenny robbery victim

Kilkenny District Court

Kilkenny Court House

A Circuit Court judge has indicated that compensation be offered to a student who was a victim of a robbery in Kilkenny City.
Martin Delaney, 39 Kells Road, Kilkenny admitted the offence which took place on January 9, 2020.
Garda Joe Reville told the court that on the night in question the defendant had taken the phone from the injured party and subsequently made threats that he had a knife and ‘was not afraid to use it’.
Initially the defendant asked to use the phone and it was voluntarily handed over and then a walkabout took place. The initial interaction took place at the top of John Street. The injured party initially following the defendant but subsequently ran away.
Previous Convictions
The court heard that the 29-year-old has 69 previous convictions for robbery, burglary, production of an article, theft and road traffic offences.
Garda Reville said no knife was used in the incident but that there was an implied threat of a knife been used. The garda told the court that all the interaction between the parties had been verbal in nature.
Defence counsel, Richard Downey said that the defendant was heavily intoxicated and was out late at night and was captured on CCTV in the John Street area of the city. The court heard that the defendant has alcohol addiction issues.
“Martin Delaney is walking away with the phone and the injured party follows him,” he said adding that the injured party subsequently ran away.
The following day gardaí intercepted the sale of the phone. The court heard that Martin Delaney tried to sell the phone to a female friend who then contacted gardaí.
Gda Reville told the court that the victim is in his twenties and is a student and declined to make a victim impact statement.
Mr Downey said that the charge of robbery is at the lower end of the scale of offending.
“The phone was requested and was handed over and then there was a walk around town and there was a threat made. There was no violence used and the interaction was all verbal,” he added.
In Custody
The court heard that the defendant, who is in custody, has engaged with The Prison Services and has compensation of €2,750 available to the court. A probation report was also handed into the court which outlined his mental health difficulties.
Judge Patrick Meghan said that the victim of this crime was outside a chippers when he was approached by the defendant who was intoxicated and asked for the use of the phone.
The injured party also parted with €20 on the condition the phone was handed back.
The judge remarked that the defendant has been assessed as being of at high risk of re-offending.
Judge Meghan sentenced the defendant to two and a half years in prison and backdated it to January 1, 2020 and suspended the final 16 months for a period of two years.
The judge also made an order that the defendant pay over €2,750 in compensation to the injured party.

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