Homeless father of two, who was living in his car near Lurgan, is given three-month jail sentence and three-year driving ban at Craigavon court
A 29-year-old father of two, who was living in his car, has been given a three-month jail term and a three-year driving ban.
David McCabe, aged 29, from no fixed abode, Lurgan, appeared before Craigavon Magistrates Court on Wednesday charged with driving while disqualified, criminal damage with a domestic aggravator, driving while unfit through drink/drugs, using a vehicle without insurance and failing to provide a specimen.
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The court heard that on July 17 this year the injured party reported that her ex-partner, the defendant, had been at her address all day and was consuming alcohol and had left the property in a car. Returning later, he smashed one of her windows and gave her "verbal abuse”.
Police found McCabe at Derrymore Quay near Aghagallon and he was “clearly under the influence of alcohol”. Checks found he had no insurance and he was banned from driving.
He was arrested and taken to Lurgan Custody Suite where he refused to carry out a preliminary breath test and failed to provide the evidential sample. There was a request for restitution of £163.42 in relation to damage to the window.
District Judge Michael Ranaghan noted McCabe breached a suspended sentence one month into a previous suspended sentence.
McCabe’s solicitor Mr Chris Logue said his client was at a family barbeque. “All was going well and he was there on consent. Drinks were taken. Because there was an argument he didn’t want it to escalate and decided to leave the premises before it gets out of hand,” said the solicitor.
"Slightly in his favour, that car was actually his house. He was homeless. For long periods of time he was really using that car to sleep in,” said Mr Logue who said that is no longer the case and he is hoping to get accommodation before Christmas.
The solicitor said McCabe was bailed to his father’s house where he has his children at weekends.
"With Christmas coming and he has two and three-year-old children he wouldn’t be able to see over Christmas – that’s the thing that’s actually hurting him. It’s his own fault,” said the solicitor.
He explained there was no violence and, in relation to the criminal damage, his client had returned to the house "with shame and guilt” and threw stones up at the window to try and get her attention and sort things out. “Once the window breaks he runs.”
District Judge Michael Ranaghan said he uses prison as “an absolute last resort”. “In your case Mr McCabe, it was only one month into a suspended sentence that you breached it. I won’t take that course today. It will be dealt with by immediate custody.”
The suspended sentence was activated adding two months to the sentence - a total prison term of five months. The defendant was also ordered to pay a £25 Offender Levy.
McCabe was later released on court bail of £300 to appeal the decision.