By Claire Henry
A man with 170 previous convictions has been jailed for two years for the assault of a woman and for separately making threats to a pregnant bookies employee.
Anthony Kelly (64) of South Richmond Street, Dublin 2, was found guilty following a trial at Dublin Circuit Criminal Court in February of assault causing harm to a woman on April 14, 2019 in the Blackhall Place area of Dublin.
He separately pleaded guilty to making threats to kill at Boyles Sports Bookmakers, Manor Street, Dublin, on October 9, 2020.
He has 170 previous convictions, of which 117 are for public order offences.
Imposing sentence today, Judge Patricia Ryan noted the aggravating factors in both cases included the impact on the victims.
She noted that the pregnant employee of the bookmakers told him she was pregnant and was in fear.
She said the mitigation included Kelly’s age, medical difficulties and personal circumstances.
She also noted that he entered a guilty plea in relation to the offending at the bookmakers.
Judge Ryan imposed a two and a half year sentence in relation to the assault causing harm charge.
She suspended the final six months to encourage further rehabilitation, and directed Kelly to place himself under the supervision of the Probation Service.
She handed Kelly a consecutive two-year sentence in respect of the threats to kill charge, which she suspended in full on strict conditions.
At a previous hearing, Detective Garda Sean Harrington told Kate Egan BL, prosecuting, that on the day in question, an eyewitness was walking to the gym at 10.40 am when he saw a man, later identified as Kelly, hit a woman in the face. She then fell to the ground, and Kelly kicked her. The eyewitness intervened, and Kelly was verbally aggressive towards this man.
Kelly told the man that the woman had “wrecked” his apartment.
Det Gda Harrington said gardai arrived at the scene and Kelly was arrested. During Kelly’s trial, the woman told the jury that she had been in Kelly’s apartment, and after she left, he caught up to her and slapped her in the face. She told the jury that she jumped to the ground to protect herself.
The woman was treated in the Matter Hospital and had a 5cm contusion but did not require stitches.
The court heard that Kelly made some admissions to the gardai but said he couldn’t remember hitting the woman.
Det Gda Harrington agreed with Derek Cooney BL, defending, that Kelly was intoxicated when arrested and his detention had to be suspended for a number of hours.
The garda agreed with counsel that Kelly is a nuisance and a menace to society by saying, “yes, he has plenty of public order offences”.
Detective Garda Daniel Queeney told the court about a separate incident that occurred at Boyle Sports in October 2020.
Kelly placed a bet in the bookies, and when he went to collect his winnings, he told the woman on the desk that what she had given him was not enough.
The woman, who was five months pregnant, rechecked the winning and told him it was correct.
Det Gda Queeney said Kelly then shouted, “Give me all the fucking money now,” and he put his hand under the glass protector.
The woman told him she was pregnant, and he said, “I don’t give a fuck that you’re pregnant; I have a knife; give me the money”.
The woman pressed the panic alarm which alerted the gardai.
The court heard that Kelly continued to shout at the woman that he “had a knife in my pocket’ and that he would “stab her”.
Kelly was arrested when gardai arrived, and the woman was taken to hospital.
During his Garda interview, Kelly said that he “hadn’t been given all his money and that the CCTV would back up his story”. No knife was recovered.
The garda agreed with Mr Cooney that his client was intoxicated and could not be interviewed for a number of hours.
Mr Cooney said his client fractured his neck in the 1990s and walks now “hunched” over.
He said he also has pins in both ankles, has memory issues and has addiction issues.
Counsel said Kelly had been homeless for a long period of time but has now been in his own apartment for five years.
He noted that the Probation Service identified Kelly is struggling to maintain his residence and efforts are being made by other support services to find him more supported accommodation.
He said his client blew up when he thought he was entitled to more money.
He asked the court to take into account that Kelly had pleaded guilty to one of the offences, that he has complex needs and that he has people to support him.
He said his client has made a “significant” progress towards rehabilitation, but is still consuming alcohol.
He asked the court for as much leniency as possible for his client.