Man claimed he was asked to sell drugs by addict
A 31-year-old father of one who stole a phone and medication from a fellow drug taker received a suspended two and a half year jail term at Sligo Circuit Court.
Christopher Cummins, a native of Coolock, who has been living in Sligo for the past number of years, pleaded guilty to the theft of a phone and prescription medication from Clive Zoschke at Ballytivnan Road on August 23rd 2016.
The court heard that Cummins, with an address of Castlegal, Cliffoney was currently serving a six year jail term, with 18 months suspended for another offence, which was imposed at the beginning of February.
Ms Dara Foynes BL with State Solicitor Ms Elisa McHugh (prosecuting), said both men were known to each other for around six or seven years through their drug habits.
Mr Zoschke, who was not in court and didn’t wish to give a victim impact statement, told Gardaí that he had refused a request from Cummins to get involved in drug dealing.
On the day of the incident, Mr Zoschke had gone to get diazepam on prescription from a pharmacy before going to a shop.
He subsequently met with the accused and another man around 2.30pm as he was walking along the footpath. Cummins accused Mr Zoschke of owing him money.
Cummins grabbed Mr Zoschke and went through his pockets before taking his phone and medication.
Mr Zoschke made contact with the Gardaí soon afterwards and they met with Cummins and his companion.
The drug and phone were found on Cummins and both men were arrested.
Ms Foynes said Cummins had eight months served of his six year sentence as it had been backdated to July 12 th 2017. He had 24 previous convictions.
He had moved to Sligo with his mother a few years ago.
Garda Kevin Donegan agreed with Ms Eileen O’Leary SC with Mr Seamus Monaghan, solicitor (defending) that both Cummins and Mr Zoschke would have been taking a lot of drugs.
Ms O’Leary said the defendant had been on heroin since the age of 13 and he had left secondary school in first year. He had been taking methadone since he was 17.
His mother worked as a carer and the defendant was the only one in the family who had got into trouble.
“All of his crimes he would say are drug related and he was on drugs when this offence was committed,” said Ms O’Leary.
Since being in prison, Cummins had been doing very well and was on a drug monitoring programme.
This had reduced his methadone daily intake from 100mgs to 50mgs which was the lowest dose he was on in his living memory.
Ms O’Leary said the defendant was also due to receive enhanced status next week in prison for his good behaviour.
He was also doing courses and was hoping to do his Junior Certificate in a couple of subjects next year.
“He wants to get off drugs and will work with the programme whilst in prison,” said Ms O’Leary.
She added that his girlfriend, who didn’t take drugs, was supportive.
The defendant’s former partner, with whom he had a child who is now ten years of age was on good terms with him.
There was also ongoing contact between the defendant and his son.
In reply to Judge Francis Comerford. Ms Foynes confirmed that Cummins was not on bail at the time he committed the offence.
The Judge said it was a theft with aggravating circumstances.
He imposed a two and a half year jail term to commence at the expiration of the six year sentence the defendant was currently serving but this was suspended from that date on condition that he enter a bond to keep the peace and be of good behaviour.
The defendant gave this undertaking and he was taken back into custody to serve the remainder of his six year jail term, 18 months of which has been suspended.