A trespasser who entered an 88-year-old man’s home, taking “every bit of independence” from him, has had his original jail term doubled after appealing to the judge for a lower sentence.
The appeal court heard Gerry Cash (33), with an address at Tombrack, Ferns, Co Wexford, left the vulnerable pensioner, who has short-term memory loss, in a distressed state after entering his Co Kildare house.
Cash was convicted in the District Court of trespassing on a building in a manner that causes or is likely to cause fear contrary to section 13 (1) of the Criminal Justice (Public Order) Act, 1994. He was sentenced to nine months in custody with the final six months suspended.
His defence counsel, Asma Saleh, on Monday informed the court the appeal related to the severity of sentence imposed.
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Judge Dara Hayes said the court has the power to increase or decrease an appellant’s jail sentence. He said the original sentence of nine months in custody with the final six months suspended was “lenient under the circumstances”.
He maintained the original nine-month sentence but halved the suspended portion to cover the final three months.
Garda Padraig Murphy told the District Court Appeals Court that gardaí got a report on February 22, 2023 from the daughter of the injured party. He said a neighbour alerted her that they saw a white van outside her father’s house and that a man knocked on the window and the door of the house.
Garda Murphy said the man was heard shouting “I’ve got you that” before entering the house. He said the neighbour saw the man in the sitting room and he later left the property in his van.
Garda Murphy said the victim was left “very shaken and pale” after the incident. He said the man was in the care of his daughters, who left him alone for one hour a day. He said the man had no memory of the incident due to his memory loss difficulties.
Cash admitted in a Garda interview to being at the scene and leaving a calling card. He was charged with trespassing and was convicted in the District Court.
Ms Saleh said Cash is “extremely remorseful” for his actions and is aware it was bad behaviour. She said her client’s doctor reports that he suffers from anxiety, depression and low mood swings. His wife is currently pregnant after a long time undergoing IVF treatment, she said.
The daughter of the injured party told the court her father did not know what had happened and was very pale after the incident. She said he shook as she showered him and he was very upset.
“That man took every bit of independence from my father,” she said.
Judge Hayes said it was clear from the injured party’s reaction that he was put in a position of some distress. The judge said whatever independence the man had was taken away and he was entitled to be unmolested in his own home.
