A burglar has had his jail time halved after his sentence for criminal damage at a Lidl store was replaced with a suspended term on appeal.
Thomas Carlyle (50) had also appealed against the severity of his sentence on the burglary incident, where he was observed by gardai bleeding from his hand, in circumstances where a large number of sneakers were found by gardai with blood stains on them.
Carlyle, of no fixed abode in Dublin 2, was convicted in the District Court of burglary after entering ‘Saint Street Sneakers’ as a trespasser contrary to section 12(1)(b)&(3) of the Criminal Justice (Theft and Fraud Offences) Act, 2001. He was sentenced to four months imprisonment.
In a separate incident, he was also convicted of damaging the coin drawer of a child’s electronic amusement car at the Lidl store contrary to section 2(1) of the Criminal Damage Act, 1991. He was also charged with possession of a screwdriver contrary to section 15(1)&(5) of the Criminal Justice (Theft and Fraud Offences) Act, 2001.
Carlyle was given a four-month consecutive sentence, with the possession of the screwdriver taken into consideration. He later lodged an appeal against the severity of his sentence in both matters.
Sergeant Stephen Walsh told the District Court Appeals Court today that on October 13, 2024 gardai on patrol stopped two men at Lidl on Rathfarnham Road, Terenure. He said that the appellant was in possession of a screwdriver.
Sergeant Walsh also said that nine days later, on Crow Street, Dublin 2, gardai spoke to a man who was bleeding from his hand. He said that the gardai asked the man how he had cut his hand, and the defendant replied that he was injured from broken glass from a window.
Sergeant Walsh said that a large number of shoes were recovered and that gardai found blood stains on them.
Sergeant Walsh said that Carlyle has 17 previous convictions.
Defence counsel for Carlyle, Lydia Daly BL, said that there were personal circumstances in her client’s life which led him to turn to drugs, including cocaine and heroin.
Carlyle is in custody for another matter until August of next year but she said that he has stable accommodation arranged for his release. Ms Daly said that Carlyle is an enhanced prisoner and has a good work ethic.
Carlyle told Judge Sinéad Ní Chúlacháin that he is completely clean of drugs.
Judge Ní Chúlacháin decided to affirm the four month sentence for the Crow Street burglary.
However, she decided to suspend the four-month sentence for the criminal damage incident at Lidl for a period of one year under the condition that Carlyle keeps the peace and engages with the probation service, undertaking any courses directed by them.