TWO Belfast men were sentenced yesterday for their part in a burglary where a householder was repeatedly stabbed in the chest with a broken vodka bottle.
While the man who stabbed the occupant is to be sentenced at a later date, both Gary Kelly and James Bernard Day avoided jail after a judge said she accepted they bore no responsibility for the "terrible actions" of their co-accused.
Kelly (27) from Moira Court was handed a combination order including 100 hours community service and two years probation, while 24-year old Day, from Knockbreda Drive, was ordered to complete 180 hours community service.
Belfast Crown Court heard that the trio, who were drunk, broke into a house on Dunluce Avenue on the morning of July 2, 2015 and made their way upstairs.
However the court was told both Day and Kelly stayed back and played no part either in the stabbing or the subsequent theft of items from both the injured man and a second occupant, who hid under a table in his bedroom during the incident.
At one point, after he was asked to hand over money and drugs and was stabbed in the chest with a broken bottle, the injured man was told "sorry mate, wrong house."
Prosecuting barrister Kate McKay said that after receiving a 999 call, police arrived at Dunluce Avenue. The wounded occupant was able to inform officers that he had been woken by an altercation out on the street, and when he got up to look out of his window, he heard people coming up his stairs.
He also said that when all three men got to the top of the stairs, two men - Day and Kelly - came no further, while a third man rushed at him and attacked him.
Mrs McKay told Judge Patricia Smyth that Day was arrested later that day, followed by Kelly a few days later. The prosecutor said items stolen from the house were located on Day, but that it wasn't the Crown's case that he had taken them - rather they had been passed on to him.
During interview, Day claimed he had no recollection of being on Dunluce Avenue, while Kelly admitted being in the company of his two co-accused, but denied participating. Both men have since pleaded guilty to a charge of burglary with intent to steal.
The court heard Kelly appeared in court with 48 previous convictions while Day had a clear record.
Their co-accused, who was not before the court yesterday, is due to appear at the same court on more serious charges at a later date.
Defence barrister Declan Quinn, representing Day, spoke of his client's "excellent background" which including coming from a supportive family and appearing in court with a clear criminal record.
Revealing that in July 2015 the father-of-one was binge drinking, Mr Quinn said Day was a "remorseful young man" who was "ashamed of his behaviour."
Kelly's barrister Barry Gibson revealed his client who regretted his actions had issues with both mental health and substance misuse.
