Limerick Courthouse, Mulgrave Street
A MAN who was convicted of being involved in an affray and of criminal damage, was reacting to his house being burgled while his wife and child were there, a court heard.
Peter Harty of Deel View, Askeaton, appeared before Limerick Circuit Court, charged with three offences all relating to May 7, 2023 in Askeaton.
Barrister for the prosecution, Lily Buckley BL, told the court that Mr Harty had offered a plea of guilty in relation to all charges.
The court heard that on May 7, 2023, there had been a burglary at Mr Harty's home and his wife and child were there at the time.
The incidents laid out in court, all occurred in quick succession after the burglary.
The court heard that during an incident in which a car was damaged, Mr Harty produced an article capable of inflicting serious injury and this was a wooden handle.
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The passenger side front windscreen and passenger wing mirror were damaged and CCTV footage played in court showed Mr Harty driving to the area, damaging the car and leaving very quickly thereafter.
There was no estimate of the damages given in court.
Detective Sergeant Jason Mitchell told the court that a wooden handle of a pick axe, without the pick axe attached, was found in Mr Harty's car.
The court heard that there was a favourable probation report for the 28-year-old man who is a father of three with another child on the way.
Barrister for Mr Harty, Amy Nix BL, told the court that her client has six previous convictions, but for minor road traffic offences.
“He is not a trouble maker,” she said.
Ms Nix said: “What happened was a reaction to events at his house. He is a polished, intelligent man.
“He has lived in Askeaton all of his life.
“He reacted to an attack on his home, he found his wife in an extremely distressed state and his house was in disarray.
“He deeply regrets his actions, he was not able to stop and in that moment, he did act in anger.”
Ms Nix added that her client “is aware that he did not deal with this appropriately” and he apologised to all involved, including members of the public, the courts and gardaí.
Ms Nix added that her client feels shame and guilt over his actions, but that there was an “element of provocation.”
She said that the actions were “completely out of character.”
The barrister added that her client is at low risk of reoffending and hopes to start working on a CE scheme.
A letter from Mr Harty's wife was handed into court, which said that Mr Harty “is not a bad person and will never take the law into his own hands again.”
The court heard that any previous convictions are of a very different and minor nature and that there are no matters pending before the courts.
Judge Sinéad McMullan set a headline sentence for two offences at two years, reducing both to 12 months each.
A third offence was taken into consideration.
She acknowledged that during the criminal damage, Mr Harty was on the scene for a very short period of time and that nobody was physically harmed.
She added that there is “very clear harm caused to society when people take the law into their own hands,” but she accepted that provocation was involved and there were “heightened emotions.”
The sentences are to run concurrently and were both suspended for one year.
Mr Harty was released on his own bond of €100 and on the condition that he keep the peace and be of good behaviour for a period of 12 months.
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