A tresspasser who was found in possession of a stolen bike worth €700 will be jailed, despite pleading that a custodial term would have a “colossal effect” on his family and asking a judge for a fully suspended sentence.
At the District Court Appeals Court today, Judge Geoffrey Shannon said it is important a message goes out that this was a serious offence, adding that he could not consider suspending Gary Darcy’s sentence in full.
However, he acknowledged that Darcy (28) has made significant progress since the offence and would reduce his nine-month jail term by two thirds on appeal.
Darcy, with an address at St Mary’s Park, Finglas, was convicted in the District Court of trespassing on the curtilage of a building contrary to section 13 of the Criminal Justice (Public Order) Act, 1994. He was also convicted of the possession of a stolen grey Cube pedal cycle.
Darcy was sentenced to nine months imprisonment and later lodged an appeal against the severity of his sentence.
A garda told the court that on March 18, 2024 he was on mobile patrol when he got a report of an alleged trespasser in a back garden in Rathgar in South Dublin.
He said the homeowner reported that an unknown male had been in his back garden. He said that there was no property stolen but he examined CCTV at the property.
The garda said that at 11.15pm, he encountered the man that he believed had been in the back garden.
He said gardai were satisfied that it was the same man who was on the CCTV footage and that Darcy was arrested and charged with trespassing.
The garda said that he made queries about the bicycle that Darcy had in his possession, as the appellant produced no documents to prove it was his. He said that the bicycle was worth €700 and had been stolen on that night.
He said that Darcy has 81 previous convictions, 46 of which are for theft related offences including handling stolen bikes.
Defence counsel for Darcy, Richard Brady BL, said that his client has been drug free for 15 months and provides urine samples on a weekly basis.
The garda told the judge that he has known Darcy since he was a teenager and that he had “racked up convictions quick”.
However, he said Darcy hasn’t been in trouble with gardai recently and that he seems to be working hard for the sake of his children and partner.
Mr Brady asked the judge to suspend Darcy’s sentence in its entirety to provide motivation for him to “stay on the right track”.
Judge Shannon said that he had read a probation report and a letter from Tusla regarding Darcy, and that he looked at this case as a “very serious offence”.
He said that incursion into someone’s private space has the potential to put people in fear and that he did not want to undermine the seriousness of the offence.
Judge Shannon said it is important that a message goes out that this is serious, but acknowledged that Darcy had made significant progress.
Mr Brady submitted that a custodial sentence would have a “colossal” effect on Darcy’s children and partner and that he accepts his history is appalling.
He said that his client had expressed remorse and disgust at his actions.
Mr Brady said that going back into custody is the “worst thing that could happen to him” and that he was at the start of his journey in staying sober.
Judge Shannon said that this was not a case where he could suspend the sentence in its entirety and that he had given it significant consideration.
The judge decided to suspend the final six months of the nine-month sentence, on the condition that Darcy continues to engage with probation services.