Men jailed for 1 year for ‘senseless’ mobile robbery

By Eimear Dodd

Two men involved in a “senseless and violent” robbery of a mobile phone that had a profound effect on the victim have been jailed for one year.

Lee Byrne (24) and Sam Garvey (26) each pleaded guilty to a count of robbery at Phibsborough Road, Dublin on October 1, 2022.

After hearing the facts of the case last year, Judge Duffy said these offences would usually warrant an immediate custodial sentence due to their seriousness.

However, she adjourned the case for 12 months in light of both men’s significant steps towards rehabilitation.

Judge Duffy added that this may have been “a moment in their lives”, but it had had a “profound effect” on the victim.

Today, the court heard both men have since amassed fresh convictions and are each serving jail terms, leading Judge Duffy to rule she had no option but to impose a custodial sentence on them both.

The court heard Byrne, of Broadfield Close, Rathcoole, Dublin, is serving a two year sentence for another offence, while Garvey, of The Park, Sallins Road, Naas, Co. Kildare, is in custody until next May for offences of assault and criminal damage.

Judge Duffy said she had made the “unusual” decision of adjourning the case for the year but that the passage of time showed she “wasn’t in a position to place trust in them”.

She noted she had given the men every opportunity but given that they had since re-offended, she must impose a custodial sentence.

She sentenced them to two and a half years’ imprisonment but suspended the final 18 months on a number of conditions, including that they engage with the Probation Service.

The court previously heard that the victim was cycling home after a night out when he stopped briefly on Phibsborough Road.

He then felt someone at his back pocket. When he turned around to check, his mobile phone was gone and there were two men behind.

The injured party asked the men, Byrne and Garvey, to return his phone.

Byrne took out a bottle then pushed the victim away from Garvey, who had taken the phone.

Byrne punched the victim two or three times in the face, pushed his head against a wall then hit him with the bottle.

As Byrne and Garvey left, the victim asked again for his phone. Byrne threatened to hit him again, and the victim felt intimidated and scared.

The victim was observed by gardaí to have swelling and bruising to the back of his head.

While an ambulance was called, he did not immediately go to hospital and went with gardaí to attempt unsuccessfully to find his attackers.

Byrne and Garvey were spotted by gardaí in Dublin City Centre several hours later.

They were searched and a phone was found which matched the one taken from the victim. Both men were arrested and interviewed.

Garvey said he had bought the phone from “a junkie”, but did not admit being at the scene of the robbery.

He has three minor previous convictions including public order offences.

Byrne said he played a minor role in the robbery when interviewed by gardaí, but denied hitting the victim.

He has four previous convictions, including three for possession of drugs.

George Burns BL, prosecuting, read the victim impact statement to the court.

The injured party said he had been the victim of a “senseless and violent attack” while on his way home alone.

He said he has suffered scars on his head and worries about underlying issues that may result in the future.

He said he has struggled with the emotional aftermath of the incident and often feels scared in public spaces.

The injured party said the attack also had an impact on his family and left a “sense of unease” as they are “haunted by memories of that night”.

The investigating garda agreed with counsel for Garvey that his client was no trouble to gardai and has not come to adverse attention since this incident.

It was accepted that Garvey was homeless at the time and had substance abuse issues.

The garda also accepted that he is aware that Garvey entered a residential treatment programme in the weeks following this incident and is now working at the facility.

The witness also accepted that Byrne was intoxicated at the time of the incident and made some admissions when interviewed.

Letters of remorse from Garvey and Byrne were handed to the court. Defence counsel for both men asked the court to take into consideration the efforts they’ve made to deal with their addiction issues and their expressions of remorse

Defence counsel for Garvey said his client has had substance abuse issues since he was a teenager and his addiction issues were at the root of his offending.

A number of letters and references were handed into the court on his behalf.

Counsel for Byrne said his client is currently in residential treatment, which is due to finish next November.

His client wished to finish the programme and fell into addiction due to his experiences of homelessness.