A man who broke a glass bottle over an unsuspecting man’s head during a violent street robbery has been jailed for five years.
Joseph O’Brien (35) twice struck the man on the back of the head with the bottle. The victim fell to the ground and was kicked repeatedly before his phone was stolen.
Dublin Circuit Criminal Court heard that two days prior to this robbery, O’Brien went into a pharmacy with a knife, grabbed a member of staff and forced her to open the till.
The court heard that three months later, O’Brien committed another robbery at the same pharmacy, during which he grabbed a member of staff and pointed a screwdriver towards her neck.
O’Brien of Reuben Walk, Rialto, Dublin pleaded guilty to robbery at James Street, Dublin City centre, on January 21st, 2019.
He also pleaded guilty to robbery at a pharmacy on James Street on January 19th, 2019, and to a further robbery of the same pharmacy on April 23rd, 2019.
His 56 previous convictions include robbery, attempted robbery, burglary, theft, assault of a peace officer, possession of drugs for sale or supply and endangerment.
Passing sentence on Wednesday, Judge Melanie Greally said that each count individually is “a serious and aggravated robbery”.
‘Jekyll and Hyde character’
The judge said the offences were committed while O’Brien was serving the suspended portion of a sentence, which further aggravates them. She noted he has a drug difficulty and has been described as “a Jekyll and Hyde character”.
She said a probation report before the court was “largely positive” and that the accused has expressed an ambition to take up voluntary drug treatment upon his release.
Judge Greally sentenced O’Brien to seven years imprisonment, but suspended the final two years on strict conditions, including that he follow all directions of the Probation Service for 12 months post release.
Garda Kevin Quinn had previously told Derek Cooney BL, prosecuting, in relation to the street robbery that on January 21st, 2019, a man had left a pub and was waiting for a taxi on James Street when he was struck on the back of the head with a glass bottle.
Gda Quinn said the victim fell to the ground and was again struck to the back of his head. He was kicked between 20 and 30 times while on the ground and his phone was stolen.
A witness to the robbery saw O’Brien produce the bottle and hit the man with it, while a woman also took part in the robbery by kicking the man two or three times.
The victim suffered a laceration to his head which required stitches, as well as heavy facial bruising, black eyes and a broken tooth.
Gda Quinn agreed with Emer Ní Chúagáin BL, defending, that her client has a history of conviction from a very young age. He agreed the offence was related to O’Brien’s drug addiction.
Ms Ní Chúagáin said her client began using drugs aged 16 and became dependent on crack cocaine and heroin. She said her client was homeless for periods of time throughout his life, but became clean of drugs while in custody.
Counsel said that following his release from custody, her client lost the employment he had secured and then relapsed after also losing his accommodation. She said her client is again drug free and has been in custody since March 2020.
She said her client is working to address his addiction while in custody and is willing to engage with the Probation Service.