THE balance of a five-year sex assault sentence has been suspended by Judge Cyril Kelly so that the defendant can be kept under the court's supervision.
Dublin Circuit Criminal Court was told that Philip Habron spends 23 hours a day in a cell with a blanket over his head. He is due for release next January, having been jailed for the maximum five years for sexual assault.
Judge Kelly agreed with Mr Patrick Marrinan, defending, that the community would be better served by having part of the sentence hanging over Habron suspended and binding him to the peace for three years than leaving him in jail.
"If he is released at the end of his term, the court can no longer exercise any control over this man who obviously still needs treatment. The community is better served by placing him under the care of the probation, psychiatric and other services," said Judge Kelly.
He directed that Habron be released at 4 p.m on July 16th next when a strict programme of treatment and supervision will have been put in place. "I cannot release him until that is done," the judge added.
Habron (26), of Mountpleasant Terrace, Dublin, committed his offences on August 9th, 1992.
Mr Marrinan noted Habron's current psychotic state was due solely to his imprisonment. He spent 23 hours a day in a cell with a blanket over his head and his decline began with his jailing for this offence.
Counsel said the reports showed that Habron had dealt with his drink and drugs problems which were the cause of his bizarre behaviour when he assaulted the woman. He had no previous record of violence or of similar behaviour before his one isolated but very serious offence.
Judge Kelly observed that apart from his psychotic state Habron had abided by all the prison rules and had caused no trouble.
Habron's father was prepared to assist in his son's re-entry into the community and his efforts were laudable. If Habron didn't abide by the conditions laid down he would be re-incarcerated.