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08 Dec 2021

Defendant needs 'a wake up call' after behaviour in Kilkenny City

Judge imposes suspended sentence

Defendant needs 'a wake up call' as judge imposes suspended sentence

Kilkenny Courthouse

A man who appeared in court charged with engaging in threatening, abusive and insulting behaviour and to theft was handed down a three-month suspended sentence.

Brian Ferry of no fixed abode pleaded guilty to engaging in threatening, abusive and insulting behaviour at Spar Irishtown on February 13 contrary to section 6 of The Public Order Act. He also pleaded guilty to theft at Kieran Street on February 21, 2021 contrary to section 4 of The Theft and Fraud Offences Act.

A garda witness told the court that in relation to the theft charge gardaí had been called to Dunnes Stores on the date in question at 5.20pm.

“Security staff said that the defendant took a can of cider and was intoxicated at the time,” said the garda.

On February 13, 2021 at 8pm gardaí were called to go to Spar in Irishtown. The court heard that the defendant was in an intoxicated state and was refusing to leave the shop and was abusive to gardaí. The defendant fell and cut his head and an ambulance was called and the defendant became abusive to ambulance staff and gardaí.

The court heard that the defendant has 14 previous convictions including previous convictions for offences under The Public Order Act and The Road Traffic Act.

Solicitor Ed Hughes said his client is a 49-year-old man with ‘a longstanding issue with alcohol’.

“He has dealt with it to some extent but he had a relapse. He seems to have turned a corner now to some degree.

“He is attending counselling for alcohol abuse and is also attending the Substance Misuse Services and he has attended five AA meetings this week. He is finding Covid difficult,” added Mr Hughes.

Judge Geraldine Carthy said that it is one thing to accept you have a challenging relationship to alcohol but added that the defendant needed ‘a wake up call’ in relation to the offending behaviour of engaging in threatening and abusive behaviour.

The judge convicted the defendant and sentenced him to three months in prison which she suspended for a period of 12 months on condition that the defendant engage fully with the Probation Services during that period.

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