A man who was convicted of breaching a safety order has asked for more time in prison, telling a court that he feels jail is a safer environment and that he wants to “keep his head down”.
The man, who cannot be named for legal reasons, asked the judge to extend his time in custody in order to complete courses while in prison. He pleaded guilty in the District Court to breaching a safety order contrary to section 33(1) of the Domestic Violence Act 2018.
He was convicted and sentenced to 10 months in custody before later lodging an appeal against his sentence. The maximum sentence for this offence is 12 months in prison. Garda Mark Carey told a District Court appeal hearing on Thursday that he responded to a call at an address in Leinster on August 18th last after a report of a breach of a safety order. He said he spoke to the appellant and arrested him at 1.30pm for the breach. He said the man was later charged and made no reply to caution.
Garda Carey said the man had 56 previous convictions, including for assault and criminal damage. Defence solicitor Paddy McGarry said he had an “unusual application” to make in that he had been instructed by this client to request an increase to his sentence. He said the defendant was “doing well in prison” and that the man felt it was a safer place for him.
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Mr McGarry said his client seemed “completely institutionalised” and that he wanted to extend his prison sentence in order to spend more time rehabilitating himself and completing courses. He said prison courses took time for people to get enrolled in and complete, and a release would disrupt this process.
Judge Fiona O’Sullivan saidshe “heard what he’s saying” about courses in prison taking time. However, she said she must consider the mitigating circumstances, including that the defendant had pleaded guilty early in the District Court.
The defendant addressed the judge, telling her: “I want to do those courses and keep my head down.” He said he “doesn’t want to be in prison ever again” after this but said he felt like the judge not immediately sentencing him would be a “barrier” to him.
Judge O’Sullivan said it would be of benefit to order a psychological report before making a decision. The man asked again for the judge to sentence him instead of making orders. Judge O’Sullivan decided to put the matter back for finalisation until December 1st, in order for a psychologist’s report to be made.
