A man who sent his landlord threatening voicemails saying he would “reign down terror” and burn his house down has been given a four-month suspended sentence on appeal.
David O’Shea (46) with an address in Tallaght, was convicted in the District Court of threatening to kill on January 3, 2021 contrary to section 5 of the Non-Fatal Offences Against the Person Act, 1997.
He also faced a charge of threatening to damage property contrary to section 3 of the Criminal Damage Act, 1991.
These matters were ultimately taken into consideration when a District Court judge sentenced him to four months jail for another matter. He later lodged an appeal on both matters.
O’Shea’s appeal was allowed in relation to the other matters, in which he maintained his innocence. He appealed the severity of his sentence in relation to the threats to kill and damage property charges.
Sergeant Shay Leonard told the District Court Appeals Court that gardai got a complaint about voicemails which the injured party alleged threatened his property.
He said that the garda heard four minutes of voicemails, in which he said O’Shea threatened the victim that he would “burn his house to the ground” and “reign down terror” on his family.
Counsel for O’Shea, Daniel Comerford BL, said that it was decided to proceed with the matter by way of a severity appeal, even though there was no custodial element attached to these matters in the District Court, as they were taken into consideration with another matter.
Mr Comerford said that the injured party was canvassed for a victim impact statement in this case and he declined.
Counsel said that his client is “utterly ashamed” of his “reprehensible” actions. Mr Comerford said that his client asked that his full and unequivocal apology be conveyed to the injured party.
He said that Covid had a detrimental impact on the mental health of his client and that he had paid the price, given that he lost his accommodation due to his actions toward his landlord.
He said that O’Shea ultimately overcame his difficulties and has returned to employment.
Judge Simon McAleese said that the offences were “dreadful” and “as aggravating as they can be”.
However, he said that credit had to be given for O’Shea’s plea, his apology and the fact that he appears to have turned his life around.
Judge McAleese said he was conscious that he did not want O’Shea to lose his job as a result of the conviction. The judge said that he hopes that his decision does not have an adverse effect on O’Shea’s employment.
He decided to sentence O’Shea to four months imprisonment but fully suspended this for a period of three years for the threat to kill offence, with the threat to damage property charge taken into consideration.