A Convoy man who unlawfully took a Ford Transit minibus and produced a knife during a separate incident of assault has avoided having his stay in prison extended.
Corey O’Kane, a 26-year-old of Milltown, Convoy, had been in custody since March of this year in relation to the incidents.
At Donegal Circuit Court, Judge John Aylmer said he was minded to give O’Kane a chance.
O’Kane was ordered to 240 hours of community service and handed a prison sentence of two years and four months, with the final 16 months suspended.
Prison officers confirmed to Judge Aylmer that this meant O’Kane would be due for release, however he was to remain in custody pending some District Court matters for which he was awaiting his fate.
O’Kane was charged with taking a mechanically propelled vehicle without the lawful consent of the owner or other lawful authority at Main Street, Convoy, on August 13, 2022.
O’Kane was also charged with assault causing harm to a man at Ard Lonan, Letterkenny, on October 31, 2022. O’Kane is charged that while committing or appearing to be about to commit an offence, namely assault, that he produced a knife.
He pleaded guilty to the offences.
Mr Peter Nolan BL, barrister for O’Kane, instructed by solicitor Mr Rory O’Brien, said his client saw a picture of his ex-girlfriend with another man and became aggrieved. O’Kane went to confront the man, produced a knife and threatened him.
In the incident where he took the vehicle, a Ford Transit bus which was a taxi, Mr Nolan said that O’Kane had consumed large quantities of drink and drugs. A dispute arose and O’Kane, who was in the vehicle, “for a reason unknown tried to drive off”.
Mr Nolan said O’Kane “did not get very far”.
A probation report on O’Kane deemed him at high risk of reoffending due to factors such as his previous convictions, his limited education, poor employment record and peer group.
Mr Nolan told the court that O’Kane has been drug free since March and is on a waiting list for addiction services. He said O’Kane is sorry for behaving how he did and has the benefit of support from his family.
“He got in with a bad crowd and went on a downhill spiral,” Mr Nolan said. “He now realises that this was totally unproductive”.
O’Kane found his time behind bars “very tough” and “never wants to go back to the position he was in”, his barrister said.
While in custody, O’Kane was an enhanced prisoner and worked in horticulture in the prison.
The Probation Service deemed O’Kane to be suitable for community service.
“He is at a crossroads and he realises that he is at a crossroads,” Mr Nolan said. “The Probation Service has been a great assistance to allow him to see his position from the eyes of someone else.”
“He understands that the offences are serious and understands that he has a bad record – but he wants to change.”
Mr Nolan said this was a case for “treatment rather than punishment” as his client now has a positive approach to matters.
Judge John Aylmer said that O’Kane produced a knife during the assault, but “thankfully, did not use it”. He said it was relevant that O’Kane was a “very fine boxer” who had won Ulster titles.
“The use of fists as a weapon by a boxer of that standard is an aggravating factor,” Judge Aylmer said.
He said that, before considering mitigation, the assault charge merited a headline sentence of three-and-a-half years.
The unlawful taking of the bus, Judge Aylmer said, was a “harebrained and drunken escapade”. He said this was a “serious offence and very frightening for the driver involved”. This charge merited a starting point of two years in prison.
Judge Aylmer said that O’Kane had entered an early plea of guilty and this was a “sad case” as O’Kane has been “a slave to drugs” since he was 16 or 17.
He said O’Kane has enjoyed enhanced status in prison and has used his time inside well. Judge Aylmer said it appears as if O’Kane has cleared his head and has persuaded the Probation Service that he is anxious to pursue rehab.
Judge Aylmer said that this was the first time O’Kane appeared to be taking an opportunity to deal with his very serious issues, noting that his criminal activity appeared to be largely down to alcohol.
“Clearly, if he takes a hold of the issues, he has an awful lot to offer society,” Judge Aylmer said. “This seems to be the first time that he has spent a significant period in prison and it may well be the turning point that is required.”
Judge Aylmer said he was going to “take a chance” on O’Kane.
For the assault charge, Judge Aylmer said he was reducing the sentence to one of two years and four months, the final one year and four months of which is to be suspended upon O’Kane entering into a bond to keep the peace and be of good behaviour for a period of one year and four months.
In respect of the unlawful taking of the vehicle, O’Kane was ordered to complete 240 hours of community service in lieu of 16 months in prison. He was given 12 months to perform community service.
Judge Aylmer told O’Kane: “I hope that you realise that you are getting extraordinary leniency. You will never get a chance like this again to turn your life around. If you are back in this court before me, you will not get a chance”.