A repeat offender with 131 previous convictions has had ten months of his sentence for stealing from a shop he repeatedly targeted suspended on appeal.
David Fagan (40) with last addresses at Lower Gardiner Street, Dublin 1 and Donaghmede, stole a total of €1,300 from the same shop on three occasions.
He pleaded guilty in the District Court to three counts of theft under section 4 of the Criminal Justice (Theft and Fraud Offences) Act, 2001 at Top Oil Service Station on Strand Road, Portmarnock in April and May last year. He was convicted and given two concurrent six-month sentences, along with a concurrent ten-month term. He later lodged an appeal against the severity of his sentence.
A garda told the District Court Appeals Court that on May 7, 2024, Fagan entered the service station on crutches and asked for a lighter. He said that staff opened and shut the till. He said that Fagan asked the staff member to open the till again and then reached over and proceeded to open it himself.
He said that Fagan took €700 from the till and left the shop, getting into a taxi. Fagan was later identified on CCTV and charged. The witness said that none of the stolen money was recovered.
The garda said that previously on April 4, 2024, Fagan had entered the same service station and engaged with staff. He said that when the till was open, he lent over and took approximately €400 euro. He left the premises on foot and was later identified on CCTV.
He said that at the same shop on May 2, 2024, Fagan asked staff for “the cheap cigarettes” and a lighter. He said he leaned over the counter and took €200 in cash from the till.
The garda said that no threats were made and Fagan apologised while he was leaving, saying “you’re just doing your job”. He was later identified on CCTV.
The court heard that Fagan has 131 previous convictions, including those for the misuse of drugs and the production of an article.
Defence counsel for Fagan, Seosaimhín Ní Chathasaigh BL, said that the sentences given in the District Court were “manifestly excessive”.
She said that Fagan’s “candor and remorse are unmistakable” and he has no disciplinary record while in custody.
Ms Ni Chathasaigh said that all of the offences were non-violent in nature and Fagan is now clean from drugs after suffering from addiction issues in the past.
Judge Jonathan Dunphy refused to vary the two six month sentences in regards to the offences on April 4 and May 2, saying that they were “just and appropriate”.
However, he said that in regard to the €700 theft on May 7, Fagan had “made progress” and that he was giving him “one final opportunity”.
He decided to suspend Fagan’s ten month sentence for this offence fully for a period of two years under the condition that he is placed under the supervision of the probation services upon his release from prison and that he attend all meetings and referrals given by them.
Judge Dunphy also ordered that Fagan keep away from the service station in Portmarnock.