Thursday 26 April 2018

Teen who terrorised family in street gets four-year sentence

Fiona Ferguson

A MAN who "engaged in the terrorising of a decent family from another country" has been given a four-year sentence with the final three years suspended.

Jason Kane (19) was part of a group who smashed the windscreen of the family's van and then assaulted the father when he confronted them. One of the other youths threatened the father and left the family in fear of further attacks.

Judge Patrick McCartan said the incident appeared to be unprovoked and Kane had "engaged in the terrorising of a decent family from another country".

He noted the difficulties for a family coming to Ireland and looking for work.

"Imagine if your own parents had to leave Ireland to go to another land to earn a living," he said to Kane.

Judge McCartan said families were entitled "not to have blackguards attacking them in their home and beating them in the street."

Kane of St Attracta Road, Cabra, Dublin pleaded guilty at Dublin Circuit Criminal Court to damaging a van windscreen outside the family's home as well as assault causing harm and producing a knife at Annaly Road, Cabra, on October 29, 2011.

Garda Michael Coyne told Eilis Brennan BL, prosecuting, that the mother of the family was awoken by a smashing noise and on looking out the window saw three "boys" at her van. Kane was smashing the front window screen while the others ran around the van.

She shouted out the window and went downstairs to get her husband but found he had already gone outside.

Her husband had heard the smashing and chased the boys down nearby Annaly Road. He managed to grab one of the youths and the other two came at him. He started back towards his home but the group followed him.

The man slipped and fell to the ground. The youths began kicking him in the head. As he was using his hands to protect his face and head he was unable to get up. He saw his son coming towards the group and was then able to get up.

One of Kane’s co-accused went to his own house and retrieved a knife. He shouted and waved the knife at the man and his son. The knife was passed between the youths and they were all "mouthing off".

The youths followed the man and his son into their garden. Another of Kane’s co-accused was swinging the knife and told the man: "I swear I am going to kill you."

There was a lot of shouting between the parties and several gardai arrived at the scene. Gda Coyne said he arrested Kane at the scene.

The husband of the family said they were afraid their house was going to be burned down following the incident and he was afraid for his children’s safety. The wife wants to move home but they are unable to afford it.

Gda Coyne said Kane had made no admissions in interview about what had prompted the incident. He said it had cost the family €327 to replace the windscreen.

He said that a co-accused of Kane had returned to the family’s home with a knife on a later occasion but Kane was not involved.

Gda Coyne agreed with Sandra Frayne BL, defending, that Kane had promised not to go near the family again and had not done so.

Ms Frayne said Kane wished to pursue a career in catering but his college application was rejected because he did not have enough experience. She said he began drinking heavily and this offence arose from idleness.

She said he was bored and in receipt of a disability allowance due to his ADHD. She added he was willing to do any type of work.

Judge McCartan said he had been impressed by the Prison Governor’s report which outlined Kane had used his time on remand wisely and said it was clear he was intelligent and had a capacity to learn.

He imposed a four-year sentence and suspended the final three years. He backdated the case to November 2011 to reflect time spent in custody and said it was his understanding that Kane would be released shortly. He ordered Kane to pay the family €500 within three months of his release.

Judge McCartan warned Kane he would be under supervision for next three years and said if there was any reoccurrence of trouble with the family he wanted the case brought back before him.

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