This article is from page 8 of the 2014-11-04 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 8 JPG
A 25-YEAR-old woman has rejected a Judge’s offer to cut her prison sentence by seven months.
At Ennis Circuit Criminal Court, Judge Gerald Keys said he was willing not to extend Bernadette Marrinan’s time in prison beyond January 2015, when the term of a prison sentence she received from the district court is due to expire.
Ms Marrinan, with a former address at Flat 3, Francis Street, Kilrush, was before the circuit court having pleaded guilty last month to possession of a 13-inch lump ham- mer at Hermitage, Ennis on March 14, 2014.
Judge Keys proposed a 10 month sentence with the f nal seven months suspended after saying the offence could have been dealt with in the district court had the facts been fully outlined to the district court Judge.
He said the balance of the sentence would be suspended on condition Ms Marrinan enter into a bond to be of good behaviour and commit to working with the Probation Services to deal with her drug addiction.
“I don’t agree”, Ms Marrinan replied after hearing the Judge’s offer. Ms Marrinan held a brief consultation with her legal team after which defence counsel, Pat Whyms, told the court his client did not want to enter into the bond.
“I really cannot understand why not, but that is her choice”, Judge Keys said.
Imposing a full 10-month sentence, the Judge said;
“If she has a change of mind I’m open to being persuaded to suspend the balance of the sentence”.
In the case, Garda Trevor Shannon of Ennis Garda Station said he and a colleague were on patrol when they met Ms Marrinan in Hermitage at around 4.50pm on March 14.
He said it was noticeable the accused was concealing an item. When gardaí asked her to produce the concealed item, Ms Marrinan took out the lump hammer.
Garda Shannon said Ms Marrinan told gardaí she had the weapon for her own protection.
Asked to outline the accused’s circumstances, Garda Shannon said Ms Marrinan had a “hard enough upbringing”, was homeless for a period and had developed an addiction to heroin.
She is currently serving a ninemonth sentence for theft imposed at Ennis District Court in June. Ms Marrinan has previous convictions for theft and criminal damage.
Garda Shannon said the thefts were mainly committed for food and to feed Ms Marrinan’s addiction.
After being told the Director of Public Prosecutions (DPP) had recommended the case be dealt with in the district court, Judge Keys asked why jurisdiction had been refused by the district Judge.
Garda Shannon said the district court judge has an issue with weapons offences and believes they should be dealt with in the circuit court.
Judge Keys said that if the circumstances were fully outlined to the Judge, he would have accepted jurisdiction.
He imposed a 10-month sentence after Ms Marrinan rejected the offer to suspend seven months.