A repeat offender has been jailed for six months after breaching a safety order by banging on his former partner’s door while half dressed on New Year’s Day.
The defendant, who is aged in his 30s, pleaded guilty at Dún Laoghaire District Court to contravening a safety order made at Dublin District Court on 22 July, 2022 “by besetting the applicant’s home address and banging on her door in an attempt to gain entry”, contrary to section 33(1) of the Domestic Violence Act 2018.
The court heard that the man was at the apartment with the woman’s consent earlier that morning but, after an argument, was told to leave. About 18 months after the original safety order had been granted, he was left outside without his top and shoes and began banging on the door trying to get back inside to collect his belongings.
Gardaí arrived at about 8am and arrested him at the scene, taking him to a garda station.
The court heard that a victim impact statement had been provided to Judge John O’Leary, outlining the fear and distress the incident caused the woman.
Defence counsel, Silvia-Maria Crowley BL, said that her client fully accepted he was present and had acted unlawfully. He had entered an early guilty plea and was “extremely remorseful” for the distress caused.
Ms Crowley said her client had a long-standing addiction to cocaine and alcohol from the age of 14, was attending a day programme and psychiatric services for a psychosis diagnosis, and was trying to rebuild his life. The court heard that he works as a labourer earning about €500 a month and has a child to whom he currently has no access.
The court heard that the man has 52 previous convictions, including those for drink-driving, having no insurance, drugs offences under section 3 of the Misuse of Drugs Act, public order matters and possession of knives. He also has three convictions in the UK for assault and public order.
His most recent convictions were for a section 6 public order offence and possession of knives, for which he received a prison sentence.
Judge O’Leary said that in view of the man’s record and the seriousness of the breach he had “a duty to mark the breaking of the order by way of a custodial sentence”.
He said the appropriate sentence was nine months but reduced this to six months to take account of the early guilty plea. He refused to suspend any portion of the six-month jail term.
The man entered a bond of €500, with €500 cash lodged in fixed recognisance pending an appeal.