A man who called a garda a “rat” as he was going about his duties may have his two-month jail sentence replaced with community service on appeal, depending on a report ordered by a judge.
Denis Cupcea (21) with an address at Castlecurragh Heath, Mulhuddart, Dublin pleaded guilty in the District Court to using threatening and abusive language contrary to section 6 of the Criminal Justice (Public Order) Act 1994 and failing to comply with the direction of a garda member under section 8 of the same act.
Cupcea was convicted in the District Court and given a sentence of two months in custody for the section 8 charge, with the other charge taken into consideration. He later lodged an appeal against the severity of his sentence.
Garda Robert Ruddy told the District Court Appeals Court that on May 18, 2024 he was on mobile patrol at 2.12pm on the Castlecurragh Road in Mulhuddart, dealing with an unrelated traffic stop.
He said that Cupcea approached him and shouted at the people he was dealing with in the car saying “don’t take that shit from garda rats”.
Garda Ruddy cautioned Cupcea and asked him to leave the area. He said that Cupcea walked away but then shouted back to him calling him a “rat”, to call his solicitor and that he had his badge number.
Garda Ruddy said that at 2.21pm Cupcea returned and walked past gardai. He said he stopped him and asked Cupcea what he had said. He said he asked Cupcea if he had an excuse as to why he said it. He said Mr Cupcea could not answer and he proceeded to arrest and caution him.
He said that Cupcea then said: “I’ll get a claim for this false arrest you dope”. He said Cupcea later made no reply when he was charged at the garda station.
Defence counsel for Cupcea, Seosaimhín Ní Chathasaigh BL, said that her client entered a guilty plea at the earliest opportunity and never contested the charges against him.
She said that her client was genuinely remorseful for his actions and was open to undertaking rehabilitative treatment.
Ms Ní Chathasaigh said that he had a drug dependence and that he had acted erratically.
Judge Dara Hayes said that Cupcea interposed in an abusive fashion to a garda going about his duties and that he spoke in an “extremely abusive” manner.
He decided he would request a report to assess if Cupcea was suitable to complete community service.
Judge Hayes said that on receipt of that report, he would be inclined to direct 120 hours of community service over a 12-month period in lieu of a custodial sentence, which he believed was a more appropriate sentence.
He said it would be the decision of the judge sitting at the time to impose the sentence if they deemed it appropriate.
The case was adjourned until September 4 for the community service report to be produced.