A man charged with a number of thefts and public order matters, along with dangerous driving and assaults against two Gardaí in Tramore was suffering from “drug induced psychosis” at the time of his offending, the District Court heard.
Nathan Dempsey (25) of McGwire House, Bath Street, Waterford, with a previous address at Ard na Gleanna, Tramore, appeared before Judge John Cheatle at a sitting of Waterford District Court in April. He was charged with four counts of theft, contrary to Section 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001, along with five counts of assault and three counts of assault causing harm, contrary to Sections 2 and 3 of the Non-Fatal Offences Against the Person Act, 1997.
He was also charged with dangerous driving, contrary to Section 53 (1) of the Road Traffic Act, 1961, and Section 4 1(A) of the Road Traffic Act, 2010, along with producing an article capable of causing injury, contrary to Section 11 of the Firearms and Offensive Weapons Act, 1990. In addition, he faced two counts of being intoxicated and one count of being abusive in public, as well as assaulting a peace officer, contrary to Sections 4, 6 and 19 of the Criminal Justice (Public Order) Act 1994, along with possession of a controlled drug (namely cocaine) for personal use, contrary to Section 3 of the Misuse of Drugs Act, 1977.
The charges related to a number of incidents that occurred on dates between 27 December 2023 and 23 April 2025.
Sergeant Michael Hickey told the court that on 27 December 2023, Gardaí discovered the accused driving ‘erratically’ in Tramore. After they stopped and spoke to him, they noted a smell of cannabis in his vehicle. He was subsequently arrested, and a blood test came back positive for cannabis.
Sgt Hickey also said that on 30 April 2024, the accused and another man were travelling in a car near Orchardstown, Tramore, when they became involved in a dispute. The other man was driving the car and pulled in, and it was then that the accused became aggressive and struck the driver. Sgt. Hickey said the injured party suffered a blow to his head and a cut to his hand as the accused produced a screwdriver during the incident. It was noted that no victim impact statement was provided by the injured party.
The court heard that another incident involving the accused occurred on 8 June 2024 at Gleann Doire, Tramore. Gardaí were called to the housing estate after 11.00am and found the accused in an intoxicated state. After he was arrested and placed in the back of the patrol car, he started vaping and became aggressive, Sgt. Hickey said.
The accused then headbutted the Garda sitting beside him, and tugged on his ear, which caused a cut. He also bit the officer on his forearm which drew blood.
The patrol car was stopped, and the accused then kicked and spat at another Garda member who had gotten out and opened the door of the side he was sitting on. Three of the assault charges and two of the assault causing harm charges arose out of this incident, as two Garda members were injured, Sgt Hickey told the court.
The theft charges were all related to the theft of alcohol from retail premises in Tramore, and occurred on separate dates between May 2024 and April 2025. The values of the items ranged between €13.50 to €17.65.
In addition, the Sergeant also noted that on 24 April 2024, the accused was charged with assault against a member of staff at University Hospital Waterford (UHW). It was also heard that on 10 June 2024, the accused spat at a court clerk while he was in custody at Waterford District Court. Sgt Hickey concluded by telling the court that on 3 February 2024, the accused was found to be in possession of €200 worth of cocaine by Gardaí, which led him to be charged with Section 3 possession.
It was noted that the accused has five previous convictions, which include public order matters.
Acting for the defendant, solicitor Ken Cunningham said that a psychiatric report completed on the accused while he was on a remand period in Cork Prison found that he was suffering from “drug induced psychosis” around the time of his offending.
Mr Cunningham told the court that his client has underlying mental health issues, but highlighted that there is a ‘difference’ in him now, as his mental health improved when he was in custody for a period of four months in 2024.
The solicitor further outlined that the accused has a ‘long’ history of problems, which includes addiction, and highlighted that no victim impact statements were provided from any of the assault charges, including the incidents that involved Gardaí.
Judge Cheatle gave the accused credit for pleading guilty to the charges, but said there were “too many of a serious nature.”
The judge disqualified the accused from driving for a total of four years on the driving under the influence and dangerous driving charges, and handed him a 10 month prison sentence for the assault causing harm charges on 8 June 2024, which will be reduced by the four month period he previously spent in custody.
Judge Cheatle also imposed a second consecutive 10 month sentence on the accused which will be suspended for 24 months, on the condition that he abides by directions of the Probation Service. All other charges were taken into consideration.
Funded by the Court Reporting Scheme
Robyn Power
