Judge impressed that 32-year-old aiming to turn his life around
A FOUR- year prison sentence was imposed at Limerick Circuit Court on a 32-year-old city man for a spate of burglaries over a 26 day period last year. However, Judge Ray Fulham, during sentencing the defendant, Gary Culhane of Hyde Road, suspended three years and three months of the prison term following the submission of a “well constructed letter” to the court.
Culhane is currently serving four years in Mountjoy for a serious assault.
He was “caught red handed,” according to Judge Fulham, “in Mary Immaculate College in Limerick, having broken into the building. He entered a room and took money from the purse of a Polish lady who was a cleaner in the college”.
Judge Fulham, in his deliberations, said that a “struggle took place and the accused ran off from the area. Gardai, who were attending a call at a nearby house, observed the accused being chased from the college. Gardai stopped Mr Culhane and found him in the possession of €100. He was arrested and admitted the offence, as well as a seven other offences, during interview”.
The Circuit Court had earlier heard details of the seven other offences that Culhane made full and voluntary admissions to including:
a burglary at Treelawn Court, Ennis Road, on May 10, 2009; an attempted burglary at Emmett Place, St Joseph’s St on May 28, 2009; a burglary at Parkview Terrace, St Joseph’s St on May 28, 2009; a burglary at Eagle Lodge, O’Connell Ave; an attempted burglary at the offices of Ollie Moran Financial Services on Mallow St between May 29 and June 2; a burglary at an apartment on Mallow Street on June 3 and a burglary at Kyle House, Henry St, on June 12.
Garda Niall Donovan gave details of the other seven incidents of thefts of; a laptop, two cameras, passports and €1000 in cash from the apartment in Mallow Street, breaking glass to enter the offices of Ollie Moran Financial Services and going through the files in the office but not taking anything; stealing a purse from a nurse working at a doctor’s surgery, taking a purse and mobile phone from Parkview Terrace, St Joseph’s St., and the taking of a handbag during the burglary at Treelawn Court, Ennis Road.
In all matters where items were taken during a burglary, the property was not recovered.
In his closing argument, John O’Sullivan, counsel for the prosecution, told the court that over the course of four interviews, Gary Culhane did in fact, make full admissions to seven further matters and was co-operative and while it was annoying for the victims, no further trauma was added for the victims in having to give evidence in court, thus saving the courts and gardai valued time.
Michael Collins, counsel for the defence, put it to the court that the “modus operandi” of Culhane was “to look for cash or items that he could quickly sell on the street – a clear indication of someone servicing a drug problem”.
The court was told that Culhane was a man who had been in and out of jail since he was 15, having been first convicted in March 1994. Having worked as a cobbler, a gardener and in Treaty Press, Culhane, the court was told, was currently studying English, sociology and maths for a junior certificate and if that went well, “would go on to sit the Leaving Cert”.
Mr Collins added that his client was “putting his time to good effect”.
Judge Fulham noted during his deliberations that Culhane had “an extensive list of previous convictions” and was serving a four year sentence in Mountjoy that was imposed last year for a serious assault. He also noted the comments of the state prosecution that these crimes were committed while the accused was on bail awaiting sentence, and that this would warrant a mandatory consecutive sentence.
“These crimes were committed while the defendant was on bail awaiting sentence and I must consider that. I must consider the offences and the aggravation. Very little was recovered, and I must consider that Mr Culhane has convictions for 21 previous burglaries amongst other offences”.
“In mitigation”, the judge added, “these offences were committed over a four week pattern. The accused did plead guilty at the earliest opportunity and in confessing to the other burglaries, saved the possibility of disrupting the lives of up to 20 witnesses. The accused offered his assistance to cases that may have remained unsolved”.
Referring to a letter that Mr Culhane submitted, Judge Fulham said that the defendant “clearly apologised” and it was clear that the offences were committed to feed a drug habit.
“He is getting great benefit since his incarceration including study, and reaching a cross-roads in his life”.
Details of the letter were not made public to the court.
Judge Fulham took into account the totality of the offences, the mitigating factors and circumstances, the intentions and progress of the accused, as well as the letter submitted to the court, and convicted Gary Culhane to four years in prison and suspended three years and three months of the term.
It was his “belief” that the accused had a “genuine intention” to turn his life around and that it was clear he could express himself.
“Through the fruits of your study”, he said, “you will be able to free your mind, and your education will be of great benefit to both you and your family in the future”.
Judge Fulham also ordered that Culhane engage with the probation services on his release, be on good behaviour for a period of six years, commit no further offences and during his incarceration receive and co-operate with all drug treatment and counselling.
“You have an opportunity to get to meet your promise and I accept, that on face value, you are aiming to turn your life around and am thus impressed with your efforts to date”.
The case was adjourned and Culhane was returned to Mountjoy prison.
