Trespasser who took 'every bit of independence' from vulnerable pensioner has jail term doubled
The prison sentence was increased from three months in custody in the original sentencing, to six months in custody after appeal. File picture
A trespasser who entered a vulnerable 88-year-old man’s home, taking "every bit of independence" from him, has had his original jail term doubled, despite appealing to the judge for a lower sentence.
The appeal court heard that Gerry Cash, aged 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 in another person 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 and later lodged an appeal against his conviction. However his defence counsel, Asma Saleh BL, informed the court on Monday that the case would proceed by appealing the severity of sentence only and the prosecuting garda’s evidence was not contested.
Garda Padraig Murphy told the District Court Appeals Court that gardaĂ got a report on February 22, 2023, from the daughter of the injured party.
He said that 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 that the man was heard shouting “I’ve got you that” before entering the house. He said that the neighbour saw the man in the sitting room and he later left the property in his van. Gda Murphy said that the victim was left “very shaken and pale” after the incident.
The garda said that the man was in the care of his daughters, who left him alone for one hour a day. He said this had never happened to the man before and he had no memory of the incident due to his memory loss difficulties.
Garda Murphy said that CCTV was obtained and shared with gardaĂ allowing Cash to be identified, arrested and detained. He said that in the interview, Cash admitted 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 that Cash is “extremely remorseful” for his actions and that he is aware it was bad behaviour.
She said that her client’s doctor reports that he suffers from anxiety, depression and low mood swings. She also said that his wife is currently pregnant after a long time in IVF treatment.
The daughter of the injured party gave a victim impact statement, telling the court that she is her father’s full-time carer and that he used to have one hour on his own.
She said when she came into her father’s house that day he didn’t know what had happened and was very pale. She said that he shook as she showered him and he was very upset.
She said: “That man took every bit of independence from my father”. She said that her father worked all of his life and he “didn’t deserve for that to happen to him”.
Judge Dara Hayes said that the court had the power to increase the appellant's jail sentence as well as decreasing it on appeal.
He said that the original sentence of nine months in custody with the final six months suspended was “lenient under the circumstances”. He said that it was clear from the injured party’s reaction that he was put in a position of some distress.
The judge said that whatever independence the man had was taken away and that the injured party was entitled to be unmolested in his own home.
Judge Hayes decided to keep the sentence of the district court of nine months in custody but only suspended the final three months. This represents an increase from an effective three months in custody in the original sentencing, to six months in custody after appeal.
He said that he would suspend the final three months for the period of 12 months on the condition that Cash keeps the peace and does not contact the injured party or his family again.
CONNECT WITH US TODAY
Be the first to know the latest news and updates
