A drunk man who had to be roused by gardai in a church car park, acted aggressively and later urinated in a station cell has had his three-month jail term fully suspended on appeal.
A garda told the District Court Appeals Court today that Ross Giffney (37) was halfway in and out of a car when the officers encountered him.
Giffney, with an address in Dublin was convicted in the District Court of obstruction of a peace officer by resisting him contrary to section 19 of Criminal Justice (Public Order) Act, 1994.
He was also charged with using threatening, abusive and insulting words or behaviour and intoxication in a public place.
Giffney was convicted of criminal damage for urinating in the custody area or cell of Ballymun Garda Station.
The appellant was sentenced to four months in custody, with one month suspended, for the obstruction charge, with all other matters taken into consideration. He later lodged an appeal against the severity of his sentence.
Garda Ben Grimes told the court that on June 5, 2023, he arrived on the scene at Whitehall Church car park and found that Giffney was intoxicated.
He said that Giffney had to be roused from sleep by gardai and that he was halfway in and out of a car.
Garda Grimes said that the defendant started to act aggressively toward gardai and used vulgar language. He said that Giffney was a danger to himself and others and that he resisted arrest.
He said that when he got back to the garda station, Giffney licked a window and urinated in the cell.
Defence counsel for the man, Asma Saleh BL, said that her client “had drink on him” on the night and was remorseful for his actions.
Judge James O’Donoghue decided to fully suspend the sentence of four months for a period of two years.
He told Giffney: “If you step out of line, the sentence will be activated”.
The judge also said that Giffney must pay the invoice for the cleaning of the garda cell.