A man who spit whiskey onto a restaurant floor and then stole two mobile phones while on bail received a partially suspended sentence.
Michai Wisniewski (36), of no fixed abode, pleaded guilty at Dublin Circuit Criminal Court to the robbery of mobile phones at Pizza Macs, East Wall, Dublin, on August 30, 2017.
Judge Martina Baxter sentenced Wisniewski to 18 months imprisonment backdated to October 29, 2017, the day he first went into custody and suspended the balance of the sentence on the condition that he keep the peace and be of good behaviour.
The court heard that on the day in question Wisniewski entered the restaurant visibly intoxicated with a bottle of whiskey tucked into his trousers. He attempted to order food but the staff did not understand him as he was not speaking in English.
Wisniewski proceeded to drink the remainder of the bottle and placed it onto the restaurant’s counter before spitting the final portion of the whiskey onto the floor.
Another man entered the restaurant and a commotion began when he attempted to get behind the counter. During this commotion Wisniewski assaulted a member of staff and fled from the restaurant with two stolen phones.
Only one of the phones was recovered. The court heard that Wisniewski is a Polish national and that he was co-operative with gardai once he sobered up.
Wisniewski was on bail at the time of the offence after receiving a nine month suspended sentence for public order offences.
In a victim impact statement the two members of staff involved in the incident said they were now nervous whenever an intoxicated person entered the restaurant.
Judge Baxter said the mitigating factors in the case were his early plea of guilty, his remorse, his co-operation with gardaí and the fact that imprisonment could be particularly difficult for foreign nationals.
She said it was “indeed a nasty and cowardly act” and that Wisniewski’s behaviour had been “reprehensible”.
She accepted that his remorse was genuine and gave him credit for not applying for bail regarding this offence.