A father-of-four who burgled a crèche while on painkillers has been jailed for two years.
Kevin Kinsella (32) had managed to get himself drug free when he was prescribed pain relief medication for a broken hip. His defence counsel, Pieter Le Vert BL, said he had run out of these when he took “something” a neighbour gave him and has little recollection of burgling the premises.
Kinsella, with an address at Sophia House, Portrane Road, Donabate, pleaded guilty at Dublin Circuit Criminal Court to burglary at the crèche at St Josephs in Beaverstown on April 30, 2013.
He has 55 previous convictions, including thefts, trespass, criminal damage and handling stolen property.
Mr Le Vert submitted to Judge Carmel Stewart that Kinsella’s partner had noticed he was acting up while on the substance and had told him to go out and get some air prior to his offence.
She got a call that afternoon to say Kinsella’s brother had died, but when she went to look for him she saw him being arrested at the nearby crèche.
Mr Le Vert said his client didn’t find out about the death until a few days later and missed the funeral because he was in custody for the offence.
Garda Fiona Gleeson told Fiona Murphy BL, prosecuting, that crèche owner Anthony Behan was in the office on the premises when he heard a noise like pots banging. He assumed it was his wife but discovered Kinsella in the corridor with a black rucksack.
Kinsella tried to leave by a door but found it was locked. When Mr Behan asked him what he was doing, he replied that he had been sleeping on the premises and that it was a hostel.
Both men then had a brief physical altercation resulting in Mr Behan sitting the intruder on the ground outside and looking in the black rucksack. It contained a red bag belonging to a child who attended the crèche and inside this were five kitchen knives and a Canon camera.
Mr Behan threw the red bag to his wife and another fracas broke out. Gda Gleeson said she arrived on the scene and arrested Kinsella.
The garda said she couldn’t say where Kinsella got the injuries he had on arrest. Mr Le Vert put it to her that his client asserts he got those when a third party intervened in the struggle.
He said Kinsella was not suggesting Mr Behan inflicted the injuries.
Mr Le Vert submitted to Judge Stewart that his client had a disruptive childhood and had been known to gardai as a drug abuser but had fallen off the radar in the years before this offence.
He asked the judge to take into account Kinsella’s very early guilty plea and to be as lenient as possible.
Judge Stewart imposed a three year sentence with the final 12 months suspended.