A homeless Kildare man with mental health and drug issues, who hijacked his adoptive mother’s car at syringe point, has received a three year suspended sentence and been ordered to stay away from his family for five years.
Richard Devane (42) of no fixed abode, but with a previous address at Silken Manor, Maynooth, pleaded guilty at Dublin Circuit Criminal Court to the unlawful seizure of Hester Devane's vehicle at Heuston Station on June 29th 2013. He has eight previous minor convictions.
Judge Mary Ellen Ring adjourned sentencing after hearing evidence earlier in the year but ordered Mr Devane to live at Priorswood House treatment centre and engage fully with staff there.
She also ordered him not to take illegal drugs, to remain on medication and to have no contact with his family unless at their request.
Judge Ring accepted that Devane has engaged with both Priorswood and the Probation Service and has been taking his medication as instructed. She noted he has also started engaging in an employment programme and Priorswood hope that he will move into independent living in the future.
She sentenced Devane to three years in prison which she suspended in full on condition that he continue to live at Priorswood House, engage with its service, remain under the supervision of the Probation Service for 12 months and engage fully with his mental health treatment.
Judge Ring also made A Protection of Persons Order in relation to Devane’s parents and his brother, ordering him to have no direct or indirect contact with them, unless initiated with everyone’s consent, for five years. She warned Devane that this is a separate order and any breach of it will lead to a separate prosecution by the gardaí.
Garda Nathan McKenna said at the previous sentence hearing that Devane had arranged to meet his 71-year-old adoptive mother at the station to pick up his passport and parcels from her to his children.
Devane got angry when he couldn’t find his passport and asked his mother for “help”, which she understood as a money request. He pulled out a syringe when she told him she only had €15 in her bag.
Gda McKenna told Maurice Coffey BL, prosecuting, that Devane implied his mother had access to €15,000 in a credit union and threatened to “fill her full of heroin.” Mrs Devane screamed and got out of the car, leaving the keys, her bag and her phone behind. Her son sped off in the vehicle.
That evening Devane rang his adoptive mother at home to demand money for the return of her car. He claimed she had burned a suit belonging to him and said he was looking for €300 in compensation.
The father-of-two continued texting Mrs Devane that evening, threatening to sell the car parts for €1,500.
Gda McKenna told Mr Coffey that Mrs Devane had bought her car the year before for €10,500 and that her adopted son had written off a previous vehicle in an earlier incident.
Mrs Devane met her son under Garda surveillance on July 1st 2013 and exchanged €300 for the car, which was in good condition. Devane was arrested at the scene and made full admissions to gardaí.
The court heard Devane was a chronic heroin abuser and had been an inpatient at the Central Mental Hospital since July 2013.
He said Mrs Devane had outlined in her Victim Impact Statement that she is more nervous at home following the incident. Gda McKenna added that “there is a lot of trouble, but a lot of love” in the statement in which Mrs Devane refers to her relationship with her son.
Niall Nolan BL, defending, said his client was sorry and had relapsed on drugs prior to the incident.
“He was extremely unwell at the time. His mental health was in free-fall”, Mr Nolan submitted.