A 21-year-old who admitted handling a stolen motorbike and was later convicted of dangerous driving has narrowly avoided jail – with a judge warning that his lack of engagement with the probation services had done him “no favours”.
Anthony Macken, of Oakpark Avenue, Santry, Dublin 9, appeared before Judge Michael Connellan at Tallaght District Court on Friday, following an incident on October 28, 2023, on the M50 northbound at Ballymount, Dublin 24.
The court heard that Garda Aaron Wogan came across a damaged motorbike that had been stolen. Macken was arrested and later pleaded guilty to handling stolen property, contrary to Section 18 of the Criminal Justice (Theft and Fraud Offences) Act 2001. He was also convicted of dangerous driving, contrary to Section 53(1) of the Road Traffic Act 1961, as substituted by Section 4 of the Road Traffic (No. 2) Act 2011.
He was fined €200 for handling the stolen motorbike and €50 for dangerous driving, both with six months to pay, and was disqualified from driving for two years.
The court heard that a probation report assessed Macken as posing a moderate risk of reoffending. He had attended only two of three scheduled probation appointments, refused to provide personal information, and was described as closed, uncooperative, and lacking engagement, the court heard.
“He declined to answer private questions and didn’t seem to grasp the seriousness of the situation,” Judge Connellan said. “His behaviour with probation services did him no favours.”
Macken was represented by Pearse Collins BL, who said his client had found the probation process difficult and was uncomfortable answering personal questions about his childhood. The court was told the defendant now hopes to begin working with his father and just wants to get on with his life.
The judge questioned whether Macken understood the gravity of the matter: “What does he mean by getting on with his life? Does he realise he could be going to jail?” He also asked him directly: “Have you ever been to jail?”
Judge Connellan raised concerns about Macken’s lack of work and qualifications at his age, asking why a 21-year-old man was not employed.
“You’re lucky you’re not going to jail,” Judge Connellan told him. “The only reason you’re not is because you have no previous convictions.”