A MAN INVOLVED in a burglary during which the homeowner was threatened with a metal bar has been jailed for eight years.

Gavin Cooke (48) pleaded guilty to burglary on May 29, 2017 at a house in south Dublin.

Today, Mr Cooke of Kilmahuddrick Walk, Clondalkin, Dublin 22 was handed an eight-year sentence, which is to run consecutively to a sentence he is currently serving.

Garnet Orange SC, prosecuting, told the court that Mr Cooke initially faced a charge of aggravated burglary, but pleaded guilty to burglary after the indictment was amended on a trial date.

Banging and shouting

Detective Garda Ciaran Murphy outlined that the injured party heard the doorbell ring shortly after 5pm.

When she went to the door, she could see people outside she didn’t know.

She then heard banging and shouting, and didn’t open the door. It was then forced open and three men wearing balaclavas entered the house.

One man grabbed the woman and brandished a metal bar while demanding cash.

The other two men went upstairs where the woman’s two daughters were in their rooms. One girl hid under her bed, while the other ended up climbing out a window onto the roof.

The man who remained downstairs with the woman was very aggressive. She gave him her purse, which contained €50 cash, cards and personal items.

Mr Murphy said it appeared that the man was under the impression that there was a large amount of cash in the house, but this wasn’t true.

The woman offered him her cheque book, but he repeated his demands for cash. She was terrified during her ordeal, the court was told.

The other two men came back downstairs, then the three left.

The court heard the injured party did not know the men or why they came to her front door.

Burnt-out car

Det Gda Murphy outlined that the investigation focused on a gold Volvo and a silver Audi.

The Audi was used to travel to and from the house. Gardaí found it on fire nearby and spotted a tracksuit bottoms hanging from the window, which was retrieved.

Mr Cooke’s name and what turned out to be a prisoner number were stitched into the garment, the court heard.

Gardaí also received a call about the Audi acting suspiciously earlier that day in the Clondalkin area. CCTV showed that both Mr Cooke and a co-accused, who has since died, were seen entering that location and appeared to wipe down the door and parts of the car.

They left, then came back to the car, which Mr Cooke was driving.

The Volvo was registered to Mr Cooke. The co-accused was found driving that car around 3am the following morning.

Nothing of evidential value was obtained when Mr Cooke was interviewed.

Previous convictions

Mr Cooke has 69 previous convictions including 12 for robbery, four for false imprisonment and five for drugs offences. He was on bail at the time of this offence.

He is currently serving a sentence, and has an earliest release date in July 2027.

Reading her victim impact statement, the woman said the fear and terror she experienced that day has stayed with her.

She was “terrified” she would be hit with the metal bar and killed if she did not give this man money.

She said she was also terrified that her daughters could be “injured or raped”, as she had no idea what the men upstairs were doing.

The woman described feeling extremely fearful after the burglary, particularly in her own home.

Her youngest daughter said in her statement that her “sense of normality and security” were taken that day.

She said she has experienced anxiety, fear, nightmares and symptoms of PTSD. She said she lost confidence and independence and still does not feel safe or fully comfortable alone or in public alone.

“That day I feared for my life and for the life of my mum and sister”, she said, adding she “genuinely believed” she might be killed.

The woman’s oldest daughter read her statement to the court. She said she “thought we might get injured, raped or killed” and she was scared and worried for herself, her mother and sister.

She said while the family have moved, she still feels unsafe and likes to have lights on in the house when home alone.

Det Gda Murphy agreed with James Dwyer SC, defending, that the plea, while late, was of assistance.

It was further accepted that while the metal bar was used to threaten the woman, it was not used as a weapon of assault.

The garda also agreed that the men who went upstairs did not go into the girls’ rooms.

Dwyer told the court his client has longstanding addiction issues and has spent significant periods of his adult life in custody.

Mr Cooke is engaging with services while in custody and stable on methadone.

Mr Dwyer said this was a “shocking” and “disgraceful event” carried out by “desperate addicts” which was amateurish in nature.

He said his client wished to express his remorse for his offending.

Judge Elma Sheahan said the court was struck by the “accounts of absolute fear and terror for their own safety and importantly for their loved ones, who they also believed to be in danger of severe harm”.

She noted the long-term psychological harm experienced by the woman and her daughters.

She said Mr Cooke’s history of serious previous offending, the premeditated nature of the offence, and the impact on the injured parties were among the aggravating features of the case.

Having considered the mitigation and Cooke’s personal circumstances, the judge imposed an eight-year sentence.

She noted that Mr Cooke was on bail at the time of that offence and while there was no mandatory consecutive element, she directed the sentence should be consecutive to his current sentence, given the seriousness of his history of offending and this incident.

The judge said the court viewed the eight-year sentence as proportionate, having considered the principles of proportionality and totality.