Courts

Man given suspended sentence for leaving baby alone in car for more than eight hours

Father (35) pleaded guilty to neglect after presenting to garda station saying he had been drinking and could not remember vehicle’s location

21/05/18 Garda and Garda helicopter at Pucks Castle Lane Rathmichael ,Co Dublin todayÉDozens of gardai, members of the Defence Forces, civil defence and sniffer dogs are now undertaking a major operation in a wooded area in the Rathmichael vicinity in south Dublin or missing student Jastine Valdez. Pic Stephen Collins/Collins Photos
All available gardaí from Dublin and Meath and the Garda helicopter were involved in the search for the vehicle and child, the court heard. Photograph: Collins
Claire Henry
Thu Dec 19 2024 - 16:40

A man who left his nine-month-old child in a car for more than eight hours has been given a two-year suspended prison sentence.

The 35-year-old, who cannot be named in order to protect the identity of his child, pleaded guilty at Dublin Circuit Criminal Court to one count of child neglect at a location in Dublin 15 on October 21st, 2023. He has two previous convictions, one of which was for a minor road traffic matter.

Garda Sgt Cian Logan told Maddie Grant, BL, prosecuting, that the defendant presented to the Clondalkin Garda station on the date in question in a distressed state and said he could not find his daughter or his car. He said he had searched for both for several hours, had been drinking and could not remember where he left the vehicle.

Passing sentence on Thursday, Judge Sarah Berkeley said she had considered the contents of a probation report and that the baby, in this case, “has been of paramount concern to the court throughout”.

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Judge Berkeley said the aggravating factor in the case was that the accused left his house with the baby in the car to buy alcohol and drugs and did not report the baby missing straight away. She said this was a “gross breach of trust by a father”.

The judge described the mitigating factors in this case as “overwhelming”. She said the defendant accepted full responsibility from the outset and entered an early guilty plea. She also considered his expressions of remorse, his admissions and the testimonies handed into court on his behalf.

Judge Berkeley imposed a two-year sentence, which she suspended in full for three years. She also directed that he continue to attend addiction treatment services.

At an earlier hearing, the court heard that the child’s mother was away on a pre-planned trip at the time. The defendant told gardaí he had gone to meet someone to buy drugs. As a result of this information, the gardaí began a search that involved all available officers from Dublin and Meath and the Garda helicopter.

The defendant contacted his neighbours at 9.15pm and they drove him around for a number of hours to try to locate the child and the car. Gardaí sought an “emergency ping” for the defendant’s phone as he believed it may be in the car.

The mobile phone “ping” was in Dublin 15 and a search began in the area. At 4.55am, a car was located and an infant was found unsecured and in a distressed state in the car.

The court heard a window of the car was broken and a member of the Garda climbed in and unlocked the car. The baby, dressed in a babygro, was shivering and observed to have blue feet.

The baby was wrapped in blankets and brought to Temple Steet Children’s Hospital. She was changed into warmer clothes and fed milk and yoghurt. A doctor confirmed that the girl had been exposed to cold but said her temperature had returned to normal.

Garda Sgt Logan said Tusla was alerted and the child was placed in the care of other family members until the mother returned to the country, which she did immediately. The court was told that the baby made a full recovery.

A large amount of CCTV footage was harvested by gardaí, which traced the defendant in different locations throughout Dublin. The court heard the baby was alone in the car for 8½ hours.

The defendant was arrested, interviewed and charged. His car was seized and traces of cocaine were found near the gear stick and in a bag in the driver’s door.

Garda Sgt Logan agreed with Micheal Bowman, SC, defending, that his client admitted to gardaí that he had been drink-driving and did not know where his child was.

The defendant’s partner, the child’s mother, agreed with Mr Bowman that she was not aware the man was a full-blown alcoholic and said he had been masking the fact. She also agreed she was not happy to have the defendant in the family home after the incident.

The woman told the court her partner “is a good person who has done a bad thing which should not define him” and described him as a “kind, caring and committed father”.