Limerick man jailed for breaching exclusion order

David Hurley

Reporter:

David Hurley

Dan McCarthy admitted breaching the exclusion order three times
A Newcastle West man who breached the terms of an exclusion order on three separate occasions was sentenced to ten months imprisonment.

A Newcastle West man who breached the terms of an exclusion order on three separate occasions was sentenced to ten months imprisonment.

Dan McCarthy, aged 26, who is originally from Castleview, Newcastle West, was banned from the estate for three years in June 2012 after Limerick County Council was granted an exclusion order at the local court amid concerns over incidents of antisocial behaviour and violence.

At Limerick Circuit Court this week, Judge Tom O’Donnell was told Mr McCarthy was found by gardai at his family home on three separate occasions earlier this year - in breach of the exclusion order.

Last month, the defendant, received a number of consecutive prison sentences in relation to the breaches – on dates in June, July and August.

In an appeal against the severity of the sentence, Brian McInerney, BL said his client accepted his wrongdoing.

In mitigation, he said Mr McCarthy had initially moved to a rural location “outside Newcastle West” when the exclusion was imposed.

However, he said his accommodation did not have running water and that Mr McCarthy had returned to his family home on a number of occasions “to shower and do things like that”.

Mr McInerney said his client has now secured alternative accommodation with a relative in Rathkeale and that he will be in a position to live there once he is released from prison.

He submitted the “principle of proportionality and totality” should apply in the case and that the twelve month sentence was excessive.

Having heard the submissions in the case, Judge O’Donnell commented that the defendant has a very bad record.

He said Mr McCarthy has not learned his lesson and that he did not believe the sentence imposed in the district court was disproportionate.

However, noting that he has secured new accommodation the judge reduced the final prison sentence from four months to two months reducing the overall sentence to ten months imprisonment.

In doing so, he warned that Mr McCarthy must obey the court order.

“He has to understand that if there is an exclusion order in place and if he continues to breach it, then he will end up in custody.”