Judge does youth “a kindness” by jailing him

Remanding a 17-year-old boy in custody at Mullingar Circuit Court, Judge Anthony Kennedy suggested he was doing the youth “a kindness” because he is off drugs while he is in prison.

The boy, who has been in the care of the State since he was three years old and has 21 convictions and a heroin addiction, appeared before the judge to see if a three year suspended sentence should be activated, as he had been convicted of two more offences since that sentence was put in place.

The youth told the court that he is detoxing in St Patrick’s Institution and receiving drugs counselling but has been told he needs more treatment.

“If I did get off the drugs properly, I’d have no excuses. I wouldn’t have the charges.”

He had been serving an 11 month sentence for other offences until October of last year and had been on the drug-free wing of St Pat’s. However, when released he returned immediately to his drug use.

Mr John Hayden, counsel for the State, told the court that the boy had pleaded guilty in July 2008 to possession of an imitation firearm and attempted robbery at a post office.

He described how the elderly postmaster had closed the gates of the rural post office after the postmen had left with their mail and went to a shed to fill turf.

He saw two men, one of whom was the defendant, who knocked him down. Because he had offered resistance, the assailants became spooked and tried to make their getaway.

Mr Hayden reminded the judge that he had accepted the teenager’s genuine remorse and suspended the three year sentence, placing him under Probation Service supervision for two years and directing that he undergo treatment for his drug and alcohol abuse.

He was 16 at the time of the hearing, and 14 at the time of the offence.

Garda Adrian O’Reilly of Mullingar Garda Station gave evidence of two breaches of the conditions of the boy’s suspended sentence, saying that he had first stolen four bales of briquettes valued at €15.60 and two days later in mid-January this year three bags of coal valued €28.50 from a store.

The Garda said the boy admitted he was selling the items to feed his drug habit.

Judge Kennedy acceded to a request from the boy’s barrister that he consider a further probation and welfare report and the possibility of placement at a treatment centre before making any final decision.

When the court sits again in July he said he hoped there would be a structure or placement available, “something positive to work with, not open-ended theoretical rehabilitation under his own steam”.

 

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