A man who smashed his neighbour’s window and engaged in anti-social behaviour has had his three-month jail term replaced with a fully suspended sentence on appeal.
Karl Hiney (48) broke his neighbour’s living room window and damaged another after having “issues” with them, the District Court Appeals Court heard.
Hiney, with an address at Slade Castle Avenue, Saggart, Dublin, was convicted in the District Court of smashing the living room window of his neighbour contrary to section 2(1) of the Criminal Damage Act, 1991.
He was convicted of damaging the balcony window of a neighbour on a separate date and was sentenced to three months imprisonment.
Hiney was also convicted of being intoxicated in a public place and using threatening and abusive behaviour on another date, which was taken into consideration. He later lodged an appeal against the severity of his sentence.
Sergeant Shay Leonard told the court that on March 3, 2025 gardai were called to an alleged case of criminal damage in Saggart. He said that the injured party told gardai that Hiney had damaged a window.
The witness said that on March 23, in the same location, an injured party reported that their window had been smashed by a neighbour.
He said that Hiney made admissions to breaking a window and was conveyed to a garda station.
Sgt Leonard said that on July 11, 2025 in Saggart, gardai received a report of a man acting in an antisocial manner. He said that Hiney was intoxicated and unsteady on his feet, while some verbal expletives were also used.
Defence counsel for Hiney, Richard Brady BL, said that his client had a long history of mental health problems and had issues with his neighbours over the years.
Mr Brady said that Hiney pleaded guilty in the District Court and had tried to face the matter as best he could.
Counsel said that Hiney started seeing a counsellor after the incidents and that he was off his medication at the time.
Mr Brady said that his client is now stabilised on medication, is seeing a GP regularly and seems to be doing well. He said that custody was the wrong option for Hiney and that he was willing to interact with the probation services.
Judge Christopher Callan said that he understood the context in which the incident happened with regard to Hiney’s mental health. He said the way the defendant has met the matter since was very much to his credit.
He said Hiney has engaged positively with his work and counselling and is taking his medication.
However, the judge said that there is an injured party and that the court must recognise that too.
He decided to suspend the three-month sentence for a period of two years on the condition that Hiney engage with the Probation Service and continue with counselling and psychotherapy courses.
Judge Callan said that Hiney must keep taking medication as directed by his doctor and pay €250 in compensation to the injured party.