A Galway man who was described in a probation report as rude, dismissive, belligerent and confrontational had a prison term imposed on him when convicted of throwing a candle at a shop assistant who told him he was barred.
Seamus Hynes, who is in the support of a charity service and now in custody, appeared before Judge Fiona Lydon at Monday’s sitting of Galway District Court, charged with offences arising out of the incident which took place before Christmas.
The Court heard Hynes entered Penneys on the Headford Road on December 16 last where he was confronted by a member of staff who told him he was barred from the shop. Hynes called her a bitch and threw a candle at her, hitting her on the arm before it fell to the floor and smashed.
Defending solr Olivia Traynor said she had been dealing with Hynes for a long time and he had €20 in court to pay for the damage to the candle.
She added her client had been in Penney’s to get a Christmas jumper but when he got to the till, he was told he was barred. He felt belittled and acted out by throwing the candle. Her client had a lot of issues and his insight was limited. She had advised him to produce more that €20 but that was where matters stood.
Judge Lydon said she remembered Hynes well and would accept the €20 as compensation for the damage to the candle, but this still left the matter of the staff member being hit when it was thrown at her.
She had concerns over differing accounts relating to the incident. The defendant said he threw it and it missed but the evidence presented stated that the staff member was hit on the forearm with it.
The Judge also expressed concern over a probation report which described Hynes as rude and dismissive, “belligerent and confrontational” and having no empathy with anyone he harmed or offended.
Hynes has 17 previous convictions, including for assault, theft and public order offences. He received a three-month suspended sentence in 2009.
His solicitor said her client had his own difficulties and she appreciated what the Probation Services had said. She also commended the staff of the charity which worked with her client and that he had a support worker in Court with him.
Judge Lydon said she was concerned with the defendant’s previous convictions and more so now that he was before her on another assault charge and there was no effort being made to offer compensation to the injured party.
She added that Hynes had form for assault and had fines and suspended sentences imposed in the past. She noted the probation reports said he was at high risk of reoffending and thought a four-month term of imprisonment was appropriate.
This article is funded by Comisiún na Meán under its Local Democracy and Court Reporting Schemes.
