A man with several previous convictions who was caught stealing from a clothes shop in Waterford recently had his case dismissed under the Probation Act.
Philip Duffy (42) of Aglish, Cappoquin, Waterford, appeared at a sitting of Waterford District Court in January, and pleaded guilty to a charge of theft contrary to Section 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001. This related to an incident where he was caught attempting to take a basket of shopping from Penney’s, Waterford, on 21 October, 2025.
The court heard that on the day, Gardaí on beat patrol in Waterford city discovered a man who was caught trying to steal items to the value of €219 from the shop. The man, who was identified as the accused, was later arrested by Gardaí. It was noted that the items were later returned to the store in resellable condition.
The court was also told that the accused has several previous convictions, including four theft matters. Other convictions include criminal damage, drug possession and public order matters. He last appeared before the courts for theft in 2017, for an offence that occurred the previous year.
Acting for the defendant, solicitor Hilary Delahunty outlined that the accused has had “a hard knock life” including family problems that have had an effect on him. Mr Delahunty said his client is currently doing his best to stay off of drink and drugs, and added that the accused brought €160 in cash with him – highlighting to Judge Kevin Staunton that “the money is there if the court thinks it can keep him out of jail.”
Judge Staunton said that the theft involved a basket of items that were returned and able to be resold, which was at “no loss to the shop.” However, he did acknowledge that it is a “worrying development” in the accused’s journey, considering his previous convictions.
The Judge invited the accused to make a €160 donation to the court poor box, and decided to dismiss the theft charge under Section 1.2 of the Probation Act.
Funded by the Court Reporting Scheme
Robyn Power
