21-year-old accused had 17 previous convictions
AN LIT student, stopped on the Old Cratloe Road and who had demands made on him for money, then forcibly brought to a nearby shop to have money taken from him to be used to buy drugs and cigarettes, has abdicated his college place and left the city because he had “the life frightened out of him” during the ordeal.
Put on his election at Limerick District Court for false imprisonment, robbery and other matters, 22-year-old Patrick O’Byrne was before Judge Tom O’Donnell to answer the charges after the DPP consented to have the matters dealt with by summary disposal.
Judge O’Donnell questioned the prosecuting inspector to enquire if the DPP had been made fully aware that the LIT student effectively left Limerick and college, “as well as the chance of a new life and new career” as a result of the actions of the accused.
Noting that the DPP had, in fact, consented to have the charges answered at the District Court and not proceed on a more serious indictable matter at the Circuit Court, Judge O’Donnell agreed to continue with the matter and accept jurisdiction in the case.
The accused pleaded guilty to all matters.
Inspector Seamus Ruane gave details of the several charges before the court relating to O’Byrne, of Brother Russell Home, Mulgrave Street.
On September 23 last, at 4pm, the accused stopped an LIT student on his way to his apartment in Mayorstone, and demanded he hand over money. Threatening to cause him harm, the accused then forcibly walked the student to a nearby shop to withdraw money as he needed “€25 for a fix”.
During the course of the ordeal, it was alleged that the accused threatened to stab the student. In all, €59 was taken from him, and he quickly abdicated his college place and left the city.
In a burglary charge before the court, Judge O’Donnell heard details of a break- in at St Mary’s Action Centre, where the accused was found in possession of €150 worth of office goods taken from the centre.
He admitted the offence and the items were recovered.
In a theft matter relating to December 21 last, O’Byrne was charged with the unlawful taking of a bicycle from the Post Office the day before. The accused said he was “homeless and needed it to get around”. The property was recovered.
On January 21 last, gardai apprehended the accused trying to steal a car radio after he broke in to a parked car in Limerick city.
The court was told of a further theft charge on June 20, 2009, where the accused approached a group of students at Arthur’s Quay and took a mobile phone from one of them. A number of the witnesses and students gave chase, but he dropped the phone and fled the scene. He was later identified and arrested at Nicholas Street.
Judge O’Donnell heard that the accused had 17 previous convictions, including sentences from Ennis District Court, Limerick District Court and the Circuit Court for thefts, burglaries and the possession of a knife.
John Herbert, solicitor, told the court that his client was a heroin addict with a “lot of demons, but since turned a corner on reality”.
Addressing the apprehension, theft and false imprisonment charge before the court, John Herbert said that his client had “just been released from prison last September and was in the depths of despair,” adding that he “frightened the life out of that student”.
He went on to say that his client “was being treated for his addictions but had a relapse at Christmas”, but since he was taken into custody, O’Byrne was “clean”.
John Herbert added his client was abusing drugs from a very young age and came from a broken home.
“But he has had an awakening of late”.
Judge Tom O’Donnell said that the case before him was one “filled with an appalling set of circumstances – so much so that a young student so traumatised by the events, left college and with it left behind a new life that he was looking forward to and the chance of a bright new career”.
Commenting on the burglary charge, Judge O’Donnell noted that “these voluntary organisations have enough to deal with funding without the actions of the accused. They need all the funding they can get,” before adding that he “was surprised at the DPP consenting to have all of these matters finalised here {at Limerick District Court}”.
In handing down sentence, Judge O’Donnell said: “This is appalling,” when referring to the entirety of the case of Patrick O’Byrne.
For the false imprisonment and robbery of the LIT student, O’Byrne was sentenced to 10 months in prison, backdated to January 22 last.
For the burglary at St Mary’s Action Centre, he was given a six-month consecutive prison sentence.
For the theft of the mobile phone, he was hand a six-month consecutive prison sentence.
For the theft of the bicycle, he was given a six month concurrent prison sentence and that was backdated to January 22 last, the date the accused was first taken into custody.
All other matters before the court were taken into consideration and O’Byrne was returned to Limerick prison to begin his 22 month prison sentence
