Father who left baby in car for eight hours while buying drugs and alcohol avoids jail
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A father who left his nine-month-old child in a car for over eight hours has been handed a two-year suspended sentence.
Dublin Circuit Criminal Court heard that a 35-year-old man, who cannot be named in order to protect the identity of his child, pleaded guilty to one count of child neglect at a location in the Dublin 15 area on October 21, 2023. He has two previous convictions, one of which was for a minor road traffic matter.
Garda Sergeant Cian Logan told Maddie Grant, BL, prosecuting, that on the date in question, the defendant presented to the Clondalkin Garda Station in a distressed state and told gardaí that he could not find his daughter or his car.
He told gardaí that he had searched for both for several hours. He said he had been drinking and could not remember where he left the car and that his daughter was inside.
Passing sentence on Thursday, Judge Sarah Berkeley said that she had considered the contents of the probation report and that the baby, in this case, “has been of paramount concern to the court throughout”.
Judge Berkeley outlined that the aggravating factors in this case is that the accused left his house with the baby in the car to buy alcohol and drugs and that he did not report the baby missing straight away. She said this was a “gross breach of trust by a father”.
The judge described the mitigating factors in this case as “overwhelming”. She said the defendant accepted full responsibility from the outset and entered an early guilty plea. She also considered his expressions of remorse, his admissions and the testimonies handed into court on his behalf.
Judge Berkeley imposed a two-year sentence, which she suspended in full for three years. She also directed that he continue to attend addiction treatment services.
At an earlier hearing, the court heard that the child's mother was away on a pre-planned trip. The defendant told gardaí that he had also gone to meet someone to buy drugs. As a result of this information, the gardaí launched a search that involved all available gardaí from Dublin and Meath, and the garda helicopter was deployed.
The defendant had contacted his neighbours at 9.15pm, and they drove him around for a number of hours to try to locate both the child and the car. The gardaí sought an “emergency ping” for the defendant's phone as he believed it may be in the car.
The mobile phone “ping” was located in the Dublin 15 area, and gardaí began to search this location. At 4.55am, a car was located, and an infant was seen unsecured and in a distressed state in the car.
The court heard that a window of the car was broken, and a member of the gardaí climbed in and unlocked the car. The baby was shivering and observed to have blue feet and was dressed in a babygro.
The baby was wrapped in additional blankets and brought to Temple Steet Children's Hospital. The baby was changed into warmer clothes, and milk and yoghurt were given. The doctor who examined the child noted that its temperature had returned to normal but confirmed that the baby had been exposed to low temperatures.
Gda Sgt Logan said that Section 12 of the Childcare Act was evoked, and Tusla were alerted. The baby was placed in the care of other family members until the baby's mother could return back to the country, which she did immediately. The court was told that the baby made a full recovery.
A large amount of CCTV footage was harvested by gardaí, which traced the defendant in different locations throughout Dublin. The court heard that the baby had been alone in the car for eight-and-a-half hours.
The defendant was arrested, interviewed and charged. His car was seized, and traces of cocaine were found near the gear stick and in a bag at the driver's door.
Gda Sgt Logan agreed with Micheal Bowman, SC, defending, that his client admitted to gardaí he had been drink-driving and did not know where his child was.
The garda agreed with counsel that the defendant presented to the garda station in a very upset and distressed state and described his child as his “whole world”. He further agreed that the man entered a guilty plea at the earliest possible stage.
The partner of the defendant and the mother of the child agreed with Mr Bowman that she was not aware that the defendant was a full-blown alcoholic and that he had been masking these issues. She also agreed that she was not happy to have the defendant in the family home after the incident.
The woman told the court that her partner “is a good person who has done a bad thing which should not define him” and described him as a “kind, caring and committed father”.
Mr Bowman said that a probation report placed his client at low risk of re-offending and that no other interventions were deemed necessary by them. Counsel said that “Tusla carried out an investigation and found that the defendant was not a risk to his daughter”.
He said the defendant completed a five-week residential rehabilitation programme and has now been involved with aftercare services for the past year. The court heard that he is drug-free and tested regularly.
Mr Bowman said: “The court is dealing with a very serious incident and due to efforts and intervention of the gardaí stopped this from being an even more serious incident.”
He handed in a number of testimonials to the court from family members on behalf of his client, who described him as someone who “has grown into a loving and caring father”.