A 40-year-old west Kildare man has been sentenced to nine months in jail after he pleaded guilty to having a Bear Grylls machete and a torch in his possession, in breach of a section of the firearms legislation, at Killinagh Lower at 11.15pm on March 24 last.
Damien Galvin, of Killinagh, Carbury, has appealed the sentence.
Judge Desmond Zaidan said he had a duty to the public to send a message that this type of behaviour was not tolerated.
He ordered forfeiture of the machete.
Aishling Murphy, BL, for Mr Galvin, said that her client believed and had told gardaí he thought that someone was trying to rob his house.
Garda Sergeant Jim Kelly said that a member of the public had contacted gardai at Leixlip to say there was a man on the road carrying a large machete knife.
Sgt Kelly said Mr Galvin told gardai that there had been people at his house looking to steal oil from the house and he was out looking for them.
But they could not find anyone in the area.
Mr Galvin told them that he had picked the machete, which was 12 inches long, up from the road.
Asked by Judge Desmond Zaidan the nature of Mr Galvin's state of mind, Sgt Kelly said Mr Galvin was intoxicated.
Sgt Kelly said Mr Galvin had 45 previous convictions, the majority of them for road traffic offences.
One was for criminal damage in Kilcock Court in April 2016.
Another was for dangerous driving in 2014, when he received a four year driving disqualification.
Another previous conviction, which was in 2008, was for being in possession of knives and he received a one month suspended sentence.
In 2002, he received a two year suspended sentence for the sale and supply of drugs.
Ms Murphy said her instructions were that Mr Galvin believed there was someone trying to steal oil from him.
She said most of his previous convictions were for road traffic offences.
She said Mr Galvin had nine children, to which, Judge Zaidan replied: “He's a very busy man.”
Ms Murphy said Mr Galvin had been helping a partner with two children in particular.
She said his day was about bringing children to and from school.
Mr Galvin, she said, never had a difficulty with alcohol. His partner lives with him with two children and there is no drink in the house.
Ms Murphy said her client would be willing to do community service.
He was anxious to avoid jail due to caring for the children. She said he had pleaded guilty to having the machete.
Judge Zaidan said that a previous conviction included supplying drugs.
“The machete is lethal,” said the judge, who said Mr Galvin was under the influence of alcohol.
“This had the potential to go horribly wrong. A lot of people have lost their lives from such weapons,” he said.
Sentencing the defendant to nine months jail, Judge Zaidan said: “This is unacceptable and very serious.”
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