A Dublin man with 230 previous convictions must wait to hear whether his two-year jail term for attacking two teenage boys will be increased by the Court of Appeal.
Michael Cummins (32) of Applewood Avenue, Swords, pleaded guilty to stealing an iPhone, making a threat to kill, burglary, false imprisonment and assault in Swords on August 9, 2017.
Dublin Circuit Criminal Court heard that Cummins threatened to pour what he said was acid into one of the boy's eyes and said he was going to blow their house up during the incident, which came about during a “frightening” drug-induced paranoia.
Garda Miriam O'Donovan told prosecuting lawyers that Cummins approached the 13-year-old and 15-year-old from across the street in Swords saying: “Why were you looking at me, I get very paranoid”.
He then hit the 13-year-old, ordered the boy to delete pictures “with eyes on them” from his phone and barged into this child's home.
The teenagers asked a passerby to call gardaí before following Cummins into the house.
The older boy later said he saw the intruder go upstairs and return wearing a wig, peaked cap and carrying a bag. He also saw Cummins take a wallet from the kitchen.
One of the boys jumped 12-feet from the kitchen window in his bare feet to get away from the intruder.
Cummins’ 230 previous convictions include convictions for theft, burglary, unauthorised taking of vehicles, possessing stolen property and 100 road traffic offences.
He was sentenced to two years imprisonment by Judge Martin Nolan on February 27, 2018.
The Director of Public Prosecutions (DPP) is seeking a review of Cummins’ sentence on grounds it was “unduly lenient”. The three-judge Court of Appeal reserved its judgment.
Counsel for the DPP, Maurice Coffey Bl, said there was an element of “bizarreness” in the whole incident. He said it was hard to know what account was taken of the aggravating factors and the mitigating factors, as the sentencing judge had not indicated a headline sentence.
President of the Court of Appeal Mr Justice George Birmingham, who sat with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, said the court would reserve its judgment.
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