A man had to call gardaí to his home in the afternoon because his friend had become drunk and aggressive and was refusing to leave. Sergeant Eamon Feehan gave evidence yesterday at Cork Circuit Appeals Court where Roy Miller of 3 Peacock Row, North Monastery Road, Cork, appealed the severity of a three-month jail sentence.
Judge Brian O’Callaghan said Miller’s action was appalling in that he kicked out aggressively at a guard. The judge said that far from being severe, the three-month jail term imposed at Cork District Court was lenient. Judge O’Callaghan struck out the appeal.
Sgt Feehan said the incident at the centre of the case occurred at Father O’Flynn Place, Gurranabraher, on March 4, 2015, when the owner of the house contacted gardaí and said he was having difficulties with a friend.
Gardaí arrived and met Roy Miller, 32, who came to the front door of the house and told gardaí that were not welcome and to fuck off. He closed the door. Gardaí later found that Miller was acting very aggressively. Miller said during this incident:
He also threatened to break up the house. Miller was arrested at 5.25pm that afternoon and charged with resisting arrest.
The defendant contested the case originally at Cork District Court, but was found guilty.
Alan O’Dwyer, defence barrister, said the accused man had reconciled with the owner of the house and that his actions that day were out of character. Miller is in custody pending sentence on July 5 for aggravated burglary at the home of a pensioner at Christmas 2018.