A solicitor recently said that a man charged with theft of alcohol is on a “constant loop in and out of court” and that custodial sentences are “not working for him.”
Sean Byrne (29) of no fixed abode, appeared before Judge Kevin Staunton at a sitting of Waterford District Court recently. He was produced in court from prison to face charges of theft, contrary to Section 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001, and possession of stolen property, contrary to Section 18 of the same act.
The court was told that the accused is currently in custody over an unrelated matter, and his estimated release date is in May 2026. It was noted that he would be pleading guilty to five separate counts of theft from Carryout Off-Licence, Ferrybank, which all occurred on 16 July 2024, and amounted to a total loss of €142.63 for the business. The other matters related to the theft of a Revolut and Credit Union bank card, which occurred the following day on 17 July 2024.
Sergeant Michael Hickey told the court that the accused has 185 previous convictions, including 26 theft matters.
Acting for the defendant, solicitor Derrick Connors said that his client is a “severe alcoholic”, which stemmed from the murder of his father. Mr. Connors also told the court that the accused uses alcohol as a “coping mechanism” due to post-traumatic stress disorder from this, and his behaviour is not “high-level criminal activity.”
The solicitor said his client is on a “constant loop in and out of court, which is all to do with drink” and that “custodial sentences are not working for him.”
Mr. Connors asked Judge Staunton whether a Probation report could be considered for the accused, to “give him an opportunity to steer away from what he’s doing.”
Judge Staunton indicated that the opportunity of a suspended sentence had previously been given to the accused by Judge Eugene O’Kelly, following the appeal of a District Court conviction at Waterford Circuit Criminal Court.
The Judge decided to hand the accused a 10 month sentence suspended for 12 months for the Section 18 charges, on the condition that the accused makes contact with the Probation Service upon his release from prison. The other charges were marked as taken into consideration.
Funded by the Court Reporting Scheme
Robyn Power
