Munster Express Online

“He was given a chance but he blew it”, remarked Judge Rory MacCabe in Waterford Circuit Court last week when he revoked a suspended 18 month prison sentence on a Waterford man who re-offended within the period of his probation.

Raymond Coady, with an address at 124 Kilcarragh Village, Ballygunner, who was given the suspended sentence for assault causing harm, was brought before the Circuit Court after pleading guilty to Public Order Offences in the District Court.

Barrister Noel Whelan, instructed by Waterford State Solicitor Frank Hutchinson, for the DPP, said that Judge Alice Doyle imposed a suspended sentence of 18 months imprisonment on the defendant on January 23, 2008. The sentence was imposed for assault causing harm and it was suspended for three years.

But on October 10 last within the period of suspension he pleaded guilty to engaging in threatening, abusive and insulting words and behaviour with intent to provoke a breach of the peace and being intoxicated and a danger to himself and others. This incident took place at Manor Hill, Waterford, when he was found lying face down half on the footpath and half on the roadway. The Gardai shook him and woke him up and he roared at passing cars.

Describing the original offence of assault causing harm, Mr. Whelan said the Gardai saw a young man stretched on the ground at Norwood Estate with blood and injuries to his head. The defendant picked up a capping stone from a wall and hit the youth on the head because he thought the youth knocked over his can of beer. The injured man was taken to Waterford Regional Hospital.

The Gardai identified the defendant from house-to-house enquiries and he was arrested and he paid the injured party €1,500 compensation in January 2008 when he was given the suspended sentence.

Mr Robert O’Neill BL, defending, said his client went for counselling for drink and drugs and attended a Probation Officer every three to four weeks. It was felt he was making progress and good headway but on this occasion he got very drunk and passed out and fell asleep on the footpath. He was a likable young man who was interested in fitness and he deeply regretted getting so drunk. While his conduct was reprehensible there was no assault. The court had the option of not evoking the suspended sentence.

Judge Rory MacCabe said the suspended sentence of 18 months was imposed not because the defendant was found drunk on the street and was abusive but because he pleaded guilty to assault causing harm. The sentence was suspended on particular terms that he refrained from excessive alcohol but he consumed excessive alcohol on this occasion.

The Judge said the defendant was given a chance but he did not take that chance. The court had no option but to revoke the suspension. “He was given a chance but he blew it”, said the Judge.