A solicitor suggested to a judge that his client get the “carrot and stick” treatment so that he would seek rehabilitation for his drug and alcohol addictions on his release from prison rather than go ‘celebrate’ his freedom.
Defence solicitor, Sean Acton, told Judge Mary Fahy at Galway District Court that his client Andrew O’Hagan (27), of 162 Ballinfoyle Park, Headford Road, expected to get custodial sentences for the offences before the court, but he suggested O’Hagan be given a suspended sentence for some of them so that the suspension would act as a “carrot and stick” prompting him to confront his addictions to alcohol and heroin.
The court heard O’Hagan has been battling a chronic alcohol addiction for years and has more recently developed a heroin addiction.
He was caught red-handed by Gardaí on September 18 last year with a mountain bike which had just been stolen from the garage of a house at Palmyra Avenue.
Gardaí found him trying to break into a car at the same premises. He had smashed a window in the car and dented the door, causing €500 worth of damage.
O’Hagan pleaded guilty to handling the bike, knowing it was stolen and to causing criminal damage to the car.
He also pleaded guilty to stealing bottles of vodka on three separate dates last month from various supermarkets around the city and to breaching the peace on one occasion.
He further pleaded guilty to having €50 worth of heroin in his possession when searched at Eyre Square on March 15 last year.
Mr Acton reminded Judge Fahy that when his client was arrested uptown and brought straight away in custody before her court two weeks ago he had been in a very bad state and she had remanded him in custody for his own sake so that he could sober up and get fed in prison.
Judge Fahy agreed O’Hagan had looked dreadful. She recalled he was emaciated and had two black eyes. O’Hagan, who was highly intoxicated at the time, told Judge Fahy he could never eat when he was drinking as food made him sick.
She noted he looked much better this week.
Mr Acton said that while O’Hagan had a heroin addiction now, his chronic addiction to alcohol was more of a problem and when drinking he would take any type of medications he could get his hands on.
“Whatever demon is inside him just takes off. He knows he is facing a custodial sentence and he will use that time to sort himself out,” Mr Acton added.
He said O’Hagan went on a serious binge in February culminating in him being hospitalised from April 27 to May 5. Then, just three days after his release from hospital he was brought in a bad state before the court on May 8 last.
Mr Acton suggested Judge Fahy structure the sentences so that his client got the professional help he needed.
“Without a carrot and a stick, he will celebrate getting out of prison instead of going for treatment,” Mr Acton warned.
Judge Fahy took this on board in her sentencing.
She imposed a four-month sentence on O’Hagan for damaging the car and imposed a concurrent three-month sentence for handling the bike knowing it was stolen.
She imposed a consecutive one-month sentence for the theft of one of the bottles of vodka from one supermarket, and imposed a consecutive, but suspended four-month prison sentence for the theft of another bottle of vodka from another store.
The sentence was suspended for twelve months on condition O’Hagan be of good behaviour during that period; link in with the probation service prior to his release from prison; and continue to co-operate with all directions of the probation service and complete a rehab programme while under supervision during the next 12 months.
The judge fined O’Hagan €200 for having the heroin in his possession in Eyre Square and imposed a consecutive but suspended three-month sentence for breaching the peace.
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