A Dublin man has been jailed after drunkenly demanding money from a man in relation to an alleged drug debt and threatening to damage his car.

Derek Smith (33) said he had been influenced by others while intoxicated and was acting under instructions when he went to the man’s house in the early hours of the morning.

Smith told the court he was deeply remorseful and that it was a “ridiculous thing to do.”

Smith, of Holly Road, Donnycarney, pleaded guilty at Dublin Circuit Criminal Court to demanding money with menaces at a house in Whitehall, Dublin 9 on September 26, 2013. He has 13 previous convictions for road traffic offences.

Defence counsel Anne Marie Lawlor BL, had submitted a custodial sentence would be disproportionate and have a “devastating effect” on the father of two, who also looks after his elderly parents and has significant debts from a former business as well as mortgage arrears.

Judge Mary Ellen Ring said she considered it a serious offence and noted the injured party had lost peace of mind in his own home.

She said Smith may not be likely to come before the courts again but that did not take away from his actions on the night. She said he was not a young man and should be able to understand what he was asked to do was likely to cause distress to those involved.

Judge Ring imposed a three year sentence and suspended the final 18 months on conditions.

Garda Leanne Shovlin told Garrett McCormack BL, prosecuting, that gardai received a call from a homeowner about a man who called to his home at about 2.45am in relation to an alleged drug debt.

Smith had told the man his son owed money and that is why he was there.

The homeowner told Smith he did not know anything about money and asked him to leave. Smith then said he would smash up his car and produced a stick. Gardai arrived soon after and Smith was arrested.

The victim impact report outlined that the homeowner is no longer at ease in his own home, suffers heart palpitations, is not sleeping and jumps when he hears a big bang.

Gda Shovlin agreed with Ms Lawlor that Smith had been drinking an excessive amount and the offence was out of character as he was a decent hardworking family man.

She agreed he had met with people who influenced him and that he was acting as a “lackey” on the instructions of someone else.

Gda Shovlin agreed Smith had a "degree of naivety" on the night in question and is remorseful. She agreed he has not come to garda attention since and was unlikely to again.

Ms Lawlor said Smith was extremely remorseful, She said he had allowed himself to get into such a state of intoxication that he was influenced by others. She submitted there was no evidence of preplanning or premeditation and the state of intoxication he was in has not happened since.

She said the small stick he had on the night was a branch he had picked up outside the house.

Ms Lawlor said Smith had run his own business for a time but it had been wound up due to economic necessity. She said he has since found new employment.
She submitted that offence was out of character based on testimonials handed into court.

Smith told Ms Lawlor that he was not a dangerous or violent man and what had happened on the night was a "ridiculous" thing to do. He said he regrets the offence deeply and apologised.

He said he regretted the impact the offence had on the injured part and had not realised the effect it had on him.