Soldier who pulled knife on mum and two kids in skatepark given suspended sentence

A man who pulled a knife on a mother with two small boys as they walked through the skate park in the middle of Kilkenny, in the middle of the day, has been given a suspended prison sentence and ordered to complete a community service order.

Handing down his judgement in Kilkenny Circuit Court, Judge Dara Hayes said these kinds of offences can not be allowed and people are entitled to walk in a park without someone wielding a knife.

William Kelly, Rutland, Palatine, Carlow, pleaded guilty to one count of robbery and four counts of theft.

The incident occurred on June 10, 2022, when a young mother was walking to the cinema with her son and his friend. The children were aged nine and 10. They were passing through the skate part just before 4pm when they were held up at knife-point. They were approached by Mr Kelly, who threatened them and in his outstretched arm held a knife. 

He had a mask pulled up over his face, which he dropped as he left the scene. This assisted in the investigation with a DNA match, the court heard. Mr Kelly was identified on CCTV.

At that time Mr Kelly was a member of the defence forces. After the incident his sleeping quarters in the barracks were searched under warrant and property belonging to the victim was recovered.

The four theft charges arose out of use of the woman’s bank cards in various shops around Kilkenny to pay for small purchases, including Dunnes Stores on Kieran Street, Dunnes Stores in MacDonagh Junction Shopping Centre, Boots and Jump Juice in MacDonagh Junction Shopping Centre. In each incident CCTV was recovered and the accused recognised.

The court heard Mr Kelly had 10 previous convictions, none for theft or robbery. One previous conviction was for the possession of knives under the Firearms and Offensive Weapons Act, and there was one previous conviction for assault.  He was on bail at the time of the offence.

In her victim impact statement the woman described the psychological impact of the incident on both her and her son. Judge Hayes  expressed his hope all three recover well from the ordeal. He said it was a serious offence, and noted jurisdiction had been refused by the district court.

Defence barrister Adrian O’Higgins BL said his client is now free from intoxicants and cited clear urinalysis undertaken by his client. He said the Probation Service had deemed Mr Kelly suitable for community service.

Mr O’Higgins appealed to the court to impose a fully suspended sentence to allow Mr Kelly continue his rehabilitation. He is a ‘different man’ now to when the offence occurred and there would be no benefit to putting him in custody, the barrister said. Mr Kelly is drug free and has done everything required of him, Mr O’Higgins said.

Judge Hayes noted the three, clear urinalysis tests and that Mr Kelly has accepted this was a serious offence that had serious effects on the injured parties. He is remorseful.

He was discharged from the defence forces because of these charges but has since been in employment and an employer spoke well of him.  The court had also received testimonials from Mr Kelly’s pastor, family and friends. Mr Kelly had written a letter of apology to the court and to the injured parties.

At the time of this offence, Judge Hayes said, Mr Kelly was taking drugs and drinking. He had accrued a drug debt and at the time was under pressure to make payments, which was at the centre of his offending. Mr Kelly had brought €500 to court by way of restitution.

Judge Hayes said aggravating factors included the use of a knife, that children were present, that he covered his face with a mask and that he was on bail at the time.

Mitigating factors included Mr Kelly’s early plea, his remorse and the significant steps he had made in rehabilitation.

A Probation Report noted that Mr Kelly regretted his actions. He owed a lot of money and was under threat. He no longer associates with a negative peer group. He was deemed suitable for community service.

On the charge of robbery Mr Kelly was sentenced to three years imprisonment, to be fully suspended on condition he enter a peace bond for three years. He was placed under the supervision of the Probation Service for 12 months.

On each of four charges of theft Mr Kelly was sentenced to 120 hours of community service in lieu of 12 months in prison.