Man jailed for coercive control of woman with Down’s Syndrome

By Eimear Dodd

A man who targeted a vulnerable young woman, controlling her movements for two hours and forcing her to give him money and a phone,  has been jailed for four years.

Sinore Iosca (25) of Sheephill Green, Blanchardstown, Dublin 15 pleaded guilty at Dublin Circuit Criminal Court to false imprisonment on May 14, 2018.  He has no previous convictions.

Detective Garda Cathal Feeney gave evidence that the then 23-year-old woman, who has Down syndrome,  encountered Iosca (then 18) on Aungier Street on the afternoon of May 14, 2018.

He told her he’d been robbed and had no money. He walked her to a nearby ATM where she withdrew €20 and gave it to him.

Iosca then walked her to another ATM, where she withdrew €400, which she also gave to him.

He then took the woman and led her onto a bus before they got off at College Green. He then took her to the CompuB store, where she purchased an iPhone X, costing around €1,349.

Iosca then brought the victim to Weirs on Grafton Street, where they looked at Rolex watches. Iosca and the woman left the store. The victim returned a short time later, after which her mother and gardai were alerted.

Grainne O’Neill BL, prosecuting, told the court the State’s case is that the woman was “targeted, directed, and controlled” by Iosca and she was unable to use her free will from the moment she encountered him during her ordeal, which lasted for around two hours.

An extract from the woman’s interview with specialist gardai was played to the court during the sentence hearing. During this clip, the victim said Iosca told her he’d been robbed, but she noticed his coat pockets were full.

CCTV stills were handed to the court. Iosca was identified from this footage and arrested a few days later.

The victim’s parents and sibling were in court.

A victim impact statement prepared by the woman’s parents was read to the court by her father.

He said their “cherished and beautiful daughter” had suffered “deep and distressing psychological injuries” as a result of this incident and is now fearful for her safety.

He said the family alongside other services had worked hard to help the woman enjoy as much independence as possible, but these efforts were “undermined and negated by this targeted and predatory attack”.

He said his daughter has withdrawn socially, become isolated and has trust issues.

The woman’s father noted that she had been a victim of a serious crime years before this incident, and that trauma had resurfaced for her and her family.

He said the family are fearful for her and her future. He added that the woman was “not safe” that day in the city and it saddens the family that this “cruelty” was inflicted on the woman while she was “walking the streets in daylight”.

When interviewed, Iosca denied stealing from the woman, saying that she gave him the money and the phone as presents. Iosca identified himself on CCTV and told gardai that he didn’t notice the woman had Down syndrome and she looked “beautiful” and “normal” to him.

He said he didn’t force her or tell her to buy anything, and she wanted to buy it to help him.

A property was searched and the phone was recovered, where Iosca said it would be found.

Michael Hourigan SC, defending, noted this was a “distressing” and “mean” incident, for which his client is apologetic.

He said Iosca has a mild to moderate intellectual disability and neurological issues, but understands the difference between right and wrong.

Iosca’s family were in court to support him and they acknowledge his wrongdoing.

Counsel asked the court to take into account his client’s age at the time, his guilty plea, and expressions of remorse.

Mr Hourigan told the court Iosca’s family had €3,000 to €4,000 available. He noted the cost of the phone had been covered and suggested this money could be used to repay the €420 in cash taken from the victim, with the balance to be donated to charity.

Imposing sentence, Judge Martin Nolan said “We Irish think we live in civilised society, but one burden of any court system is to protect the vulnerable”.
He said the woman was minding her own business when Iosca took advantage of her. Judge Nolan said the court had to infer Iosca did this “to gain materially”.

He said the court regarded this as “serious wrongdoing” and people are entitled to “enjoy their liberty and freedom”.

Judge Nolan said he was satisfied Iosca knew the difference between right and wrong.

Having considered Iosca’s personal circumstances and the mitigation, Judge Nolan handed him a four-year prison sentence, backdated to October 9 last when he went into custody.

The judge said the court’s view is that compensation was not appropriate in this case.

Addressing the woman’s family, he said this was a “sad situation”, which must have been devastating for them and wished her well for the future.

Det Gda Feeney said Iosca stayed at the door of CompuB while the woman went into the shop. A shop worker told gardai that the woman left the store, then returned 20 minutes later showing her a note on her phone which said ‘iPhone X’.The shop worker said she asked the woman if she wanted the cheaper or more expensive model and the woman replied the more expensive one. The victim told another member of staff that she wasn’t supposed to be out while she paid €1,349 for the phone.

CCTV showed her giving the phone to Iosca after she left the shop.

Iosca, now wearing a baseball cap, led the victim by the hand to Weirs. A member of staff in Weirs said she encountered the pair, and the man asked about Rolex watches.

The staff member said the Rolex watches cost from €32,000, and the woman volunteered she had a card. Iosca said it was too expensive and the witness then showed them other watches, some of which Iosca tried on.

Iosca and the woman left the jewellers holding hands, with the victim returning a short time later. She said her mother would be worried and when staff asked about the man, the woman said he was gone.

The court heard that staff at Weirs contacted the victim’s mother and gardai.

Det Gda Feeney agreed with Mr Hourigan that Iosca has no previous convictions and no other matters are pending.

It was further accepted that while Iosca gave a certain narrative to gardai, he did identify himself on CCTV and apologised during interview to the victim and her family.

Ms O’Neill outlined to the court that the Director of Public Prosecutions (DPP) initially directed that Iosca face three summary charges of theft in the District Criminal Court and he pleaded guilty to these in 2019.

The victim’s father appealed the DPP’s direction and a further summary court of false imprisonment was added. The case came forward to the Circuit Court after a District Court judge refused jurisdiction, with the three theft charges remaining in the District Court.

A bench warrant was later issued for Iosca after he failed to appear in court to answer the false imprisonment charge. He was located in Germany and returned to Ireland last October on foot of a European Arrest Warrant.

Ms O’Neill told the court that a guilty plea to the charge of false imprisonment was accepted by the DPP on a full facts basis, and the DPP will apply to the District Court to have the theft charges struck out at a later date.

Mr Hourigan asked the court to give his client credit for the guilty pleas entered in 2019 in the District Court to the theft charges.

He also asked the court to take into consideration Iosca’s guilty plea to the false imprisonment charge, while acknowledging that his client took a bench warrant and was later extradited back to Ireland from Germany on a European arrest warrant.