A man who repeatedly violated his release conditions has been freed after a court heard he is now receiving psychiatric treatment.
Trevor Byrne (36), formerly of O'Devaney Gardens, was released last March from an eight-year sentence for the attempted robbery of a woman at her Dublin home on September 15th, 2009.
The final two years of the sentence were suspended on condition that he enter a bond and follow strict terms, including keeping an 8pm to 8am curfew and avoiding alcohol.
Byrne, who has previously served a prison term for rape, was sent back to jail last April after he was caught with six cans of cider and said he needed alcohol to stay away from drugs. He later telephoned the Central Mental Hospital and told a nurse that he felt like he was out of control and that he "might hack somebody up".
His case was adjourned to Dublin Circuit Criminal Court today to decide if he would have to serve the outstanding two years of his sentence due to the breaches.
Prosecuting counsel James Dwyer BL said the DPP was making no application about Byrne’s continued detention. He said it was open to the court to impose some, all or none of the two year suspended term.
Judge Patricia Ryan agreed to a defence application to release Byrne and not impose the full two year suspended term. She heard that he was getting psychiatric treatment in custody and is willing, if released, to co-operate with the Probation Service until 2016 when the sentence expires.
The judge also heard the Probation Service is able to provide accommodation for Byrne on his release.
Byrne has nine previous convictions including a 15-year sentence for raping an 18-year-old woman. In that incident, he struck the woman on the head with a brick and told her he had to kill her as she would identify him.
He was also sentenced to five years in October 2006 after assaulting a 32-year-old woman whose throat he threatened to cut. When two men came to her rescue, he said he would do the same to them. It was on his release from this sentence that he carried out the attempted robbery offence, just 14 hours after being let out of jail.