Teen escapes jail for theft of beer crate
JUDGE EXPRESSES 'SYMPATHY'
Wednesday July 28 2010
A TEENAGER with 51 previous convictions, who was formerly in the care of the State, has escaped jail for stealing a crate of beer, after a judge expressed his 'sympathy' for him.
Derek Kavanagh, Templeview Crescent, Clare Hall, appeared before Judge John Coughlan at Swords District Court last week, having previously appeared before Judge Patrick Brady.
Kavanagh, who is 18, pleaded guilty to the theft of a case of Budweiser from Dunnes Stores, Portmarnock, on June 19th last year.
Judge Brady noted the charge was for a 'minor theft' matter and asked if the Adult Caution Scheme could be applied. However, Sgt Madden said Kavanagh was not suitable.
The accused's solicitor made an application for legal aid, before Sgt Madden added he was not 'at risk' of serving a sentence or community service if convicted.
Judge Brady asked if there were any exceptional circumstances and the solicitor replied Kavanagh's mother was deceased and he had previously been in the care of the Health Service Executive, explaining he had 'other difficulties', before the case was adjourned the case.
When it came back before the court, Sgt Madden told the court Kavanagh had 51 previous convictions and had received a sixmonth probation order following five theft convictions at the Children's Court in June of this year.
The defendant had also received a threemonth sentence for a public order offence at Wicklow District Court in February, along with a 140-hour community service order following a burglary conviction at Court 5 in December 2009.
Defending the accused, Kavanagh's solicitor said his client had been in the care of the HSE since the age of five and was now living with his grandmother.
'He is not working and he left school in first year,' the solicitor told the court.
Judge Coughlan told Kavanagh he had intended to put him into custody, but instead said he had ' sympathy' for the defendant, and handed down a € 200 fine, while granting a request for legal aid.
