*The sentencing took place on Tuesday at Ennis Circuit Court.ย
A judge has jailed a 31 year old Ennis man for three years and five months for threatening a hitch-hiker that he would set him alight after pulling out a plastic bottle full of petrol.
At Ennis Circuit Court, Judge Francis Comerford imposed a 53 month prison term on Brian Joyce and suspended the final 12 months.
Judge Comerford said that in โterrifying circumstancesโ, Mr Joyce had made โrational, repeated and highly credible threats to harm a perfect strangerโ.
In the case, Brian Joyce of St Enda’s Park, Beechpark, Ennis had pleaded guilty to threatening to kill or cause serious harm to Cork native, John Hourihan between Lahinch Rd, Ennis and Monreel South, Ennistymon on the N85 on August 13th last.
Brian Joyce made the alleged โlight you upโ threat to Mr Hourihan while Mr Joyceโs pregnant partner was driving and their two young children aged seven and nine were back seat passengers along with two puppy dogs.
Mr Hourihan was hitch-hiking to Lahinch out of Ennis at around 5.30pm on August 13th when he was picked up.
Garda Amy OโConnor said that Mr Hourihan got into the back seat and front seat passenger, Brian Joyce said he wanted money for giving him a lift, which was disputed in court by counsel for Mr Joyce, Amy Nix BL.
Garda OโConnor said that Mr Joyce pulled out a Powerade bottle containing petrol and threatened Mr Hourihan that he would set him alight if he did not pay them money.
Garda OโConnor stated that Mr Hourihan felt his life was in danger and was afraid that Brian Joyce would burn him
Garda OโConnor said that Mr Hourihan lunged forward and managed to snatch the bottle from Brian Joyce and demanded that the car be stopped.
Garda OโConnor said that the car was stopped and Mr Hourihan got out before the silver Golf drove off.
Garda OโConnor said that when the 171 CE Volkswagen Golf car came back down the road, Mr Hourihan had his phone out and took photos of Mr Joyce and his partner in the car.
Garda OโConnor said that Mr Joyceโs DNA was taken from the Powerade bottle and Judge Comerford said that there was no explanation for Mr Joyce having the bottle of petrol in the car.
Garda OโConnor said that Mr Joyce has a number of previous convictions including one for causing serious harm where he attacked a young person with blades causing 200 stitches.
On behalf of Mr Joyce, Amy Nix said that the facts of the incident โare frightening and deplorable and Mr Joyce knows thatโ.
Mr Joyce has been on remand in custody on the offence since August and Ms Nix said that her client missed the birth of his third child while in custody.
Ms Nix said that Mr Joyce accepts that his reaction in the car as over the top, ridiculous and wrong.
In a letter of apology, Mr Joyce said that โI know my apology is a drop in the ocean when compared to how I must have made him feelโ.
He said, โI am deeply, deeply ashamed and remorseful of what I did and I regret it with all my heart. During my time in custody I have huge realisations about how serious words can beโ.
He said, โI made the remark with no intention behind it but I can see how it was perceivedโ.
Mr Joyce said that the deaths of his father in 2013 and a brother in 2017 had made him emotionally numb.
Ms Nix said that Mr Joyce has zero ill feeling towards Mr Hourihan.
Ms Nix said that Mr Joyce has been diagnosed bi-polar, schizophrenia and depression and is being treated for those conditions.
Ms Nix said that Mr Joyce has made great progress while in custody where he worked as a cleaner in prison and has not picked up any disciplinary notices.
Judge Comerford backdated the prison term to August last when Mr Joyce first went into custody.
