‘I don't do suspended sentences twice' warns judge during Ovens case

April 11th, 2019 12:22 PM

By Southern Star Team

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A 25-YEAR-old Ovens man who was caught with two large knives and a hammer in a church carpark, has been sentenced to eight months’ jail.

David Manning of 27 Berryfield, Classes Lake, Ovens. appeared at Clonakilty District Court and pleaded guilty to the possession of the items.

The court was told the defendant was seen with three other men in the carpark at 8.35am on November 1st 2017 and he could give no lawful excuse for having the knives. He had spent the previous weekend in Cork prison and the probation officer said ‘it was a shock to his system’.

The court was told that the defendant lives at home with his parents and is on benefits and has three previous convictions for handling stolen property. He also received a suspended sentence in the Circuit Court for an assault and has addiction issues relating to alcohol and tablets.

Having read a probation report into the defendant, Judge James McNulty noted that he is effectively living off his parents. ‘He has a seven-year-old daughter. However, it seems that it’s his parents who look after her when she visits,’ said Judge McNulty.

He said the report also noted his lack of motivation and that he is facilitated by his parents without paying any bills. He is also at moderate risk of re-offending within the next 12 months and the report says that he has a cavalier approach to creating a productive future for himself.’

Ms Dinneen said her client is willing to change if he is given a chance. Judge McNulty said the defendant’s record of criminal offending is worse that he had first realised.

‘Also he has been dealt with a suspended sentence before and I don’t do suspended sentences twice.’

Mr Manning addressed the court and said he made a mistake and would do everything the court recommends if he is given the chance.

Judge McNulty also questioned what Mr Manning was doing with three others in a church carpark with two large knives and a hammer at 8.35am.

Judge McNulty sentenced him to eight months in prison and said that if he thought the sentence was harsh, he could appeal it, which Mr Manning said he would.

‘It’s telling that his parents aren’t here today or the last day, and they’re probably tired of his lifestyle,’ said Judge McNulty. As part of the bail conditions for the purpose of an appeal, Judge McNulty said that as well as a bond of €100, Mr Manning must keep the peace and be of good behaviour. He must place himself under the Probation Service for six months and comply with random urinalysis and refrain from using controlled drugs.

‘He is to actively pursue treatment for any addictions he may have,’ added Judge McNulty.

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