Longford Courthouse: Man living in Longford who 'received every bounce of the ball' jailed for non-payment of €10,000 compensation
“He has received every bounce of the ball,” Judge Kenneth Connolly said as he revoked a suspended sentence committing a defendant to custody.
Arturs Bondarevskis, of 6 Pontefract House, Bridge Street, Longford was convicted of carrying out a Section 3 assault causing harm at Cuirt An Oir, Athlone Road, Longford on September 3, 2018 at a previous Circuit Court sitting.
The defendant returned before the court having failed to comply with the conditions of the bond imposed as part of the suspended sentence. Barrister Ciaran Collins acknowledged his client has been under the supervision of probation service for over a year, and has only paid €200 in compensation despite giving an undertaking he would pay compensation of €10,000 to the victim.
Mr Collins described “significant background” to the matter. Counsel said Bondarevskis was not in employment at the time of his convictions and spoke of the extensive submissions made. The barrister pointed to Bondarevskis' “good employment history” when he worked in the hotel industry.
Mr Collins referred to his client's mental health adversity which prevented him from retaining employment in the last number of years. He referenced a report from Consultant General adult psychiatrist with the HSE, Aoife Hunt, that acknowledged Bondarevskis' social anxiety.
“He has had a high level of engagement with Probation Services and would take up employment, but is unable to get suitable employment given his mental adversity,” Mr Collins told the court.
Council told Judge Kenneth Connolly that Bondarevskis served time in prison when the offence originally took place, speaking of the “sobering and sad circumstances” which arose at a time his client laboured “under three mental health disorders”.
“Mr Bondarevskis is before the court saying “I can't do it”, not that he won't do it,” Mr Collins said.
Judge Connolly pointed out that one of the specific conditions of Bondarevskis sentence “has not happened”.
The judge said: “He wants the matter to be finalised in an alternative manner. I am therefore obliged to return the matter and revoke the suspended sentence.”
The judge accepted the defendant has actively engaged with probation services and mental health service. Mr Collins said his client is getting treatment for his mental health issues and actively seeking employment.
“This is a very serious matter,” Judge Connolly pressed, describing the assault before the court as “vicious”.
He continued: “Your client has had every bounce of the ball, he has been given every opportunity to pay the compensation element of the court order. He was given another chance in February of last year and again failed. He has not sought employment.”
The defendant's barrister stated that Bondarevskis lives with his retired mother and is in receipt of social welfare.
He has no previous conviction and fully cooperated with Gardai. The probation report described the defendant as having “a very low risk of re-offending”.
Given the defendant's failure to pay any compensation in contravention of the bond imposed by the court Judge Connolly committed Bondarevskis to prison for one year and three months and removed the final conditions of the bond.
The judge directed the defendant to receive all appropriate treatment while in prison.
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