Man (31) receives 32 months jail term for attempting to rob two men at knifepoint in Clonmel
‘I will stick this in you,’ was threat issued to one of the victims who was accosted at an ATM on Clonmel’s Gladstone Street
A 31-year-old man who attempted to rob two men at knifepoint at separate locations in Clonmel town centre within the space of two minutes, has received a 32-month prison term with the final eight months suspended for two years.
Judge Cephas Power imposed the sentence on Martin Fitzgerald of 31 Cooleens Close, Clonmel at Clonmel Circuit Court on Thursday, May 21 for the attempted robbery of two men, aged in their 50s, at Gladstone Street and Morton Street in Clonmel on the night of August 30 last year and possession of a knife at both locations on the same date.
Det. Gda. Kevin Stapleton gave evidence that Seamus Delahunty left Fennessy's Bar on Gladstone Street in Clonmel on this date and went across the street to the PTSB ATM.
While he was withdrawing money from the ATM at 10.22pm, a man wearing a grey tracksuit with the hood up covering his head approached him from behind.
The man told Mr Delahunty to give him the money or “I will stick this in you”. Mr Delahunty turned around and noticed the man had a black metal knife. The man fled without seizing the money. He ran past SS Peter & Paul's Church towards Morton Street.
Det. Gda. Stapleton outlined that Barry Condon was walking on Morton Street towards the Local Bar on Queen Street when he was confronted from behind by the same man.
Mr Condon felt something press into his back and when he turned around a man produced a knife to his face and demanded money.
Mr Condon managed to break free and run away.
CCTV footage from a number of sources in Gladstone Street and Morton Street supporting the evidence was broadcast to the court.
Det. Gda Stapleton outlined that prior to Mr Fitzgerald's arrest, his home was searched and a number of items of clothing were seized matching the description of the clothes worn by the man who accosted the two injured parties.
When interviewed by gardaí, Mr Fitzgerald stated he was under the influence of drugs and alcohol that night. He identified himself on the CCTV footage but had no recollection of the incidents. He admitted he was capable of doing anything when under the influence of drugs or alcohol.
The detective said the defendant had 59 previous convictions including one conviction for robbery, 22 for theft, 14 for criminal damage, four for burglary, five public order offences, three for drugs possession and three for unauthorised interference with a vehicle. He also had convictions for arson and affray.
Det. Gda. Stapleton read Victim Impact Statements prepared by the two injured parties to the court.
Mr Condon, in his statement, said his sense of safety deteriorated after this incident. He lived all his life in Clonmel, and up to this incident walked in the town without any safety concerns. He said he was now extra vigilant when someone walked close to him and doesn't walk down dark streets or lanes. His partner was now also extra careful when out and about and he needed to know where his sons were at all times when they were out.
“I urge people to be extra vigilant when on your own walking at night. Hopefully they won't come across a similar incident,” he said.
In his statement, Mr Delahunty said he started to realise the seriousness of the situation a few days after the incident. He was now more fearful when out, especially for his kids when they were out at night.
Defence barrister Edward O'Mahony said Mr Fitzgerald was in the throes of a long addiction and committed these offences while in the middle of a binge. He was in a pub earlier that night. When he asked the DJ for money, he was asked to leave by a bar staff member as he was too intoxicated.
He was looking for money and targeted the two injured parties because they were nearby.
He outlined that his client has mental health difficulties, and on the day he committed these offences he had been due to go to hospital as he was suffering depression with suicidal ideation.
Under cross-examination, Det. Gda. Stapleton confirmed Mr Fitzgerald has been in custody since his arrest on September 4 last year and confirmed he immediately expressed remorse for his actions when interviewed by gardai.
Mr Molony submitted letters of apology from his client to the court and one of the victims. He also wrote a letter of apology for the second victim but inadvertently left it behind in prison.
The barrister also submitted a prison governor's report outlining that Mr Fitzgerald was doing well working in the prison kitchen and completed a Level 6 QQI culinary arts course.
“He fully accepts he is the author of his own misfortune and I am asking the court to give him some structure to enable him return to the community in a measured way.”
The barrister pointed to the fact the two victims managed to get away from his client. While a weapon was produced and threats were made they weren't followed through and there weren't any injuries suffered. He submitted that his client generally didn't resort to violence, which was out of character for him.
He said his client was co-parenting two small children and spent as much time as possible with them when he was sober.
As he sentenced Mr Fitzgerald, Judge Power said the CCTV coverage showed very frightening incidents.
He regarded the aggravating factors in this case to be the defendant's previous convictions for similar offences, the impact the offences had on the victims and the fact he was out in public with a knife tucked into his sock as he walked the streets.
The moment the defendant saw a lone person he pulled the knife and accosted them in the “most aggressive and frightening way”. It was very intimidating conduct accompanied by violent gesturing, the judge noted. The harm done to the injured parties was evident from their Victim Impact Statements.
Judge Power said the mitigating factors were Mr Fitzgerald's early signed plea of guilty, the very impressive letters of apology the defendant has written and the fact he fully co-operated with the gardaí even though he didn't remember the incidents.
He also took into account the fact he was doing well in the prison kitchen, achieved a culinary arts cert and wanted to contribute positively to society.
He noted the defendant had a very difficult childhood that resulted in his addiction problem and was at a high risk of re-offending.
However, he was taking huge strides to address the underlying causes of his offending and was attending Narcotics Anonymous.
Judge Power suspended the final eight months of the 32-month sentence he imposed on Mr Fitzgerald for two years as an incentive for his rehabilitation.
He suspended this portion of the jail term on condition he come under the supervision of the Probation Service, keep the peace and be of good behaviour, present for drugs testing when requested and have no contact with the two injured parties unless at their express invitation.
The Judge backdated the commencement of the prison term to September 4 last year when Mr Fitzgerald went into custody in relation to these offences.