A crêperie thief who later acted threateningly in public has had his six-month jail term replaced with a fully suspended sentence on appeal.
Shane Murphy (36) stole two bottles of wine worth €17 and €18 from Le Petit Breton Creperie in Drumcondra on Dublin’s northside and later that day used threatening words in public on nearby Dorset Street.
Murphy, with addresses on Manor Street, Dublin 7 and Gardiner Street, was convicted in the District Court of two counts of theft contrary to section 4 of the Criminal Justice (Theft and Fraud Offences) Act, 2001.
He was also charged with threatening and abusive behaviour contrary to section 6 of the Criminal Justice (Public Order) Act, 1994.
He was sentenced to nine months imprisonment with three months suspended on one of the theft convictions, with the condition that he must stay away from the cafe. He later lodged an appeal against the severity of that sentence.
Garda Shauna O’Sullivan told the District Court Appeals Court today that on the morning of May 26, 2025 she received a report that Murphy had taken a bottle of wine worth €17 from Le Petit Breton in Drumcondra, passing all points of payment.
Garda O’Sullivan said that later at 2.30pm, the same woman made a complaint that Murphy took a bottle of wine from a fridge costing €18.
She said that later at 5.40pm, Murphy was observed by another garda on Dorset Street using threatening words in front of the public. She said that the property was not recovered.
Garda O’Sullivan said that Murphy has 60 previous convictions, with 33 recorded for public order.
Judge James O’Donoghue told the defence counsel, Seosaimhín Ní Chathasaigh BL: “You’re on an uphill struggle” when she started mitigation.
Ms Ní Chathasaigh said her client acknowledges that the matters are not trivial and that the public order matter was “plainly unacceptable”.
However, she submitted that the sentence of the District Court was unduly severe.
Ms Ní Chathasaigh said that her client has engaged with homeless support and attended detox treatment programs. She said that Murphy was “attempting to turn matters around”.
Counsel also handed in letters of support from the Simon community and a mental health service.
Judge O’Donoghue said that Murphy was “showing a pattern” and that there were a multitude of previous convictions.
Murphy told the judge that he was trying to stop and that he was on a waiting list for rehabilitation.
Judge O’Donoghue decided to fully suspend Murphy’s prison sentence, but warned the defendant that “if you fall out of line you will be serving nine months”.
The sentence was suspended for two years on the condition that Murphy enters the supervision of the probation service, re-enter rehabilitation treatment if required and abstain from alcohol consumption.