*The court sitting took place in Tralee.
A CLARE man with 82 previous convictions who made threats to kill or cause serious harm to another man during a burglary in Tralee last September has been sent to prison for two-and-a-half years.
by David Byrne
Appearing in custody before Judge Sinead Behan last Friday, 33-year-old Derek Lynch, was handed down a three-and-a-half-year prison sentence, of which the final 12 months was suspended, after he previously pleaded guilty to burglary after entering 21, The Marina, Tralee as a trespasser and making threats to kill or cause serious harm to Michael Healy on September 18 last.
Lynch, of Ashfield, Meelick, County Clare, also admitted criminal damage having smashed the windows of a car at The Marina, and the theft of a shaving kit and a hand sanitiser from a car in St John’s Car Park in Tralee, also on September 18.
The case was previously put back for sentencing after Judge Behan requested a Governor’s Report from Limerick Prison and a Probation Report.
Lynch had been in custody on these matters since appearing before Killarney District Court on September 19th last, when bail was refused.
Judge Behan noted that the Governor’s Report revealed that Lynch received disciplinary action on three separate occasions since he’s been in prison, for failing to provide a urine sample, assaulting a cellmate, and the possession of a prohibited article, namely hooch.
Defence barrister Richard Liston, instructed by solicitor Brendan Ahern, had previously sought the completion of a Probation Report, and a Governor’s Report from prison before sentencing.
Prosecuting barrister Tom Rice had told the court that Lynch entered the home of Michael Healy, a man he said who is in poor health and suffers with arthritis, after Mr Healy had left his front door open.
Lynch entered the apartment with a weapon where he met Mr Healy before threatening him, the court heard.
“Mr Healy was pushed in his own home,” said Mr Rice. “He had to get a knife to protect himself”.
Lynch, who the court heard was ‘extremely intoxicated’ then left the apartment and caused damage to a parked car by trying to open it and breaking the windows.
The court heard that Lynch was subsequently arrested and brought to Tralee Garda Station and later that day, after he’d been released, took items from a car in St John’s Car Park in the town. He was again brought to the garda station but was ‘so intoxicated he couldn’t be interviewed’, the court heard.
Lynch had 82 previous convictions, including burglary, theft, public order, criminal damage and a firearms charge relating to a knife.
Judge Behan noted that Lynch was since ‘expressed remorse’ and ‘insight into the impact of his actions on his victims’. She also noted that Lynch had never completed his Leaving Cert and left school aged 16 before taking over the running of his parents’ pub.
She said this exacerbated his issues with alcohol which has led to a string of offending, despite getting treatment in 2018 after which he relapsed.
The aggravating factors in the case, said Judge Behan, were the fact Lynch entered an occupied premises where a man with ill health and who lived on his own was asleep.
The judge also noted Lynch’s relevant previous convictions including his two previous for burglary and said the ‘most serious aspect’ of the case was the fact he again entered a residential premises where ‘a man living in his own was so scared he had to get a knife to defend himself’.
The headline sentences in the case, said the judge, was three-and-half years for the burglary, and 18 months for the criminal damage and theft offences.
Taking the mitigating factors into account – Lynch’s full admission, his insight, and his addiction issues – Judge Behan suspended the final 12 months of the three-and-half year sentence for a period of three years upon agreement he engaged with Probation Services and sought residential treatment for his addicitons upon release from prison.
The sentence was backdated to September 18th, 2023, when Lynch first went into custody.
