| Case No: | 00020 |
| Year: | 2007 |
| Ref. No: | |
| Linked Cases: | |
| Keywords: | Theft - Imprisonment - Suspended in full - No previous convictions. |
| Offence(s) Charged: | Count 01: Theft contrary to section 4 of the Criminal Justice (Theft & Fraud Offences) Act 2001. |
| Offence(s) Taken into Consideration: | |
| Ancillary/Consequential Orders Made: | |
| Date Of Offence: | 24/02/2005 |
| Comments on Offence dates: | |
| Location Of Offence: | Private property. |
| Brief Description Of Offence(s): | Accused called to the home of injured party and suggested that his gutters needed to be repaired. Injured party agreed to pay the accused the sum of €3,400 to repair the gutters. Accused gave the injured party the name of a different person. Accused cashed the cheque for the repairs and never returned to carry out the work. From CCTV footage received from the bank, the Gardaí formed the opinion that the accused was involved. The injured party was an elderly man aged 82. |
| Sentencing Comments: | The aggravating factors included the seriousness of the breach of trust involving an elderly person and previous convictions. The mitigating factors included the early plea, the full compensation and the admissions to Gardaí. The court also took into account his problem with alcoholism and the medical reports relating to his other difficulties. |
| Gender: | M |
| Age At Date Of Offence: | 39 |
| Drug Status: | Alcohol problem. |
| Age At Date Of Sentence: | 41 |
| Nationality: | Irish. |
| Previous Convictions | Yes |
| Accused has 2 previous convictions. The most recent in 2004 for breach of barring order when a fine of €50 was imposed. Prior to that he had been convicted of an offence of "threatening behaviour in a public place" contrary to section 6 of the Public Order Act; a fine was imposed. | |
| Custodial : | No |
| Previous Custodial Sentence(s): | |
| Other Personal Information: | Accused is married man with 5 children. He is currently attending Alcoholics Anonymous and has alcohol problem for number of years. Accused has a good work record and had a legitimate business carrying on household repairs. Accused expressed significant remorse for his actions and had fully reimbursed the injured party for his loss. Accused had also brought an additional €1,000 to court to compensate the injured party for the distress suffered. On the last occasion the matter was in court, the accused had to seek psychiatric assistance due to his distress over the matter. Accused had not come to attention of Gardaí since the incident. |
| On Bail At Date Of Offence: | No |
| Offender's Role In Offence: | Accused only party involved in theft. Obtained money under false pretences. |
| Degree Of Co-operation With Investigation: | Accused made immediate admissions in interview. Prior to being charged accused paid over €1,000. Accused pleaded guilty at a mention date. |
| Sentence Imposed On Co-Accused | |
| Date Of Sentence: |
| Number Of Victims: | 1 |
| Nationality | Not given. |
| Age Of Victim | 82 |
| Gender Of Victim: | M |
| Victim Impact | Not available. |
| Date Of Appeal | |
| Court Decision | |
| Type Of Appeal: | |
| Variation On Appeal | |
| Date Of Appeal Decision: | |
| Appeal Decision: |
| Weapon Used In Committing Offence: | No |
| Type Of Weapon: | |
| Value Of Any Drugs Involved: | |
| Value/Nature Of Any Property Stolen | Cheque in the sum of €3,400. |
| Researcher’s Comments |
| Case No | Date Of Sentence | Offence Sentenced | Plea | Sentence | Age |
|---|---|---|---|---|---|
| 2007/00020 | 28/03/2007 | Count 01: Theft contrary to section 4 of the Criminal Justice (Theft & Fraud Offences) Act 2001. | Guilty | Suspended-->2 years Suspended for period of 3 years on condition be of good behaviour and keep peace and to pay forthwith the sum of €1,000 to the injured party. Own bond €150. |
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