Judge overturns jail term for woman who had nail scissors in handbag
Fionnuala Walsh
A woman who was sentenced to three months in custody for having a pair of nail scissors in her handbag has had her term replaced with a peace bond on appeal.
Defence counsel for Natasha Tynan (38) told the court her client was not aware that possessing the scissors was illegal and that she had no intention of causing harm.
Tynan, with an address at Cromcastle Park, Dublin 5, pleaded guilty in the District Court to the possession of knives or other articles contrary to Section 9(1)(7) of the Firearms and Offensive Weapons Act, 1990. She was convicted and sentenced to three months in custody. She later lodged an appeal against the severity of her sentence.
Garda David Byrne told the court that he stopped and searched Tynan after forming the suspicion that she was misusing drugs on October 8th, 2024 on Oliver Bond Street, Dublin 8.
He said that he searched her handbag and found a pair of sharp, pointed scissors. Garda Byrne presented the nail scissors as evidence to the court in a clear plastic container. He said that Tynan was then arrested and brought to a garda station.
Garda Byrne said that Tynan has 37 previous convictions, including incidents of theft and public order offences.
Defence counsel for Tynan, Seosaimhín Ní Chathasaigh BL, said that her client had the nail scissors in her bag without realising it was illegal.
She said there was no intention of violence, harm or malice in her client’s actions whatsoever and that the scissors should not be considered a weapon in the conventional sense.
Ms Ní Chathasaigh said that Tynan did not brandish the scissors, and no one was put in danger due to her actions.
She said that her client began to use drugs at an early age and this developed into a serious drug habit, including the abuse of crack cocaine and heroin.
Ms Ní Chathasaigh said that Tynan suffered a relapse on the day of the offence but is now free from substances.
Counsel said that her client is now working at a horticulture project for a community employment scheme, which she described as a “therapeutic environment” where Tynan can up-skill and gain work experience.
She said that Tynan's engagement with counselling services has allowed her to make huge progress in the past year with her confidence and self-esteem.
Judge Jonathan Dunphy said it was unfortunate that for someone like Tynan, to slip back into drug use and possess an article “can trigger an avalanche of time in custody”.
He noted that Tynan is engaging well with counselling and presented as someone who has turned their life around. He said that to impose a custodial sentence would be of no benefit and would destroy the progress that she has made.
He decided to vary the order of the District Court by replacing the three-month custodial sentence with a 12-month peace bond on the conditions that Tynan keep the peace and continue her efforts with counselling and drug treatment.
