Longford Circuit Court judge activates suspended sentence

A defendant who “prioritised substance misuse over accommodation” while on a suspended prison sentence must now serve two years in custody following a Circuit Court decision.

Judge Kenneth Connolly said he had no option but to activate a suspended sentence previously imposed on Helen Nevin (37) with a given address of 7 Victory Court, Earl Street, Longford.

A Probation Officer outlined to the court details of her interaction with the defendant. Ms Nevin was offered five appointments, had attended one, but failed to show for the other four. The Probation Officer had flagged with the defendant that a breach of the conditions of the suspended sentence would result in being taken into custody.

The court heard the defendant spent time in the Dochas Centre earlier in the year. Upon her release she engaged with the Simon Community who provided accommodation, but part of the conditions of that engagement was that she say intoxicant free.

It was stated that Ms Nevin surrendered her tenancy and went to live with her partner in a tent. The Probation Officer maintained the defendant “prioritised substance misuse over accommodation”.

Judge Connolly was told the defendant has “a long-standing issue with drugs and alcohol” and was to engage with Merchants Quay treatment facility on her release from custody on March 15 last, but has not done so.

The Probation Officer said the defendant was at “a high level of risk due to her alcohol and drug addiction” and a lack of employment opportunity.

Detective Grada Orla Geraghty outlined to Judge Connolly details of alleged breach of conditions of the suspended sentence. The officer said there was an allegation Ms Nevin breached the Public Order Act on three occasions and that she failed to reside at the appointed address.

A friend of the defendant Martha Farrell addressed the court in support of Ms Nevin. Ms Farrell said Helen Nevin ``has a heart of gold” and that she had made a number of mistakes because of her addiction. “I can see the potential in her, she just needs a good friend. She just needs to get away from bad peers,” Ms Farrell said.

Judge Connolly said Ms Nevin had used up her chances: “This is the end of the road. There is nothing I can do. Your friend has done their best for you, but I must impose the two year suspended sentence for breach of the conditions.”

The judge activated the sentence, but said he would consider a bail application if the defendant wants to take up a place in a residential drug or alcohol rehabilitation treatment centre. Ms Nevin thanked the judge for the consideration.