Effect of theft went far beyond loss of property for 70-year-old Carlow man
Carlow Courthouse
A MAN who stole a trailer and diesel from the yard of a 70-something Fenagh man, leaving his victim too anxious to sleep, has been sentenced to two years in custody, with six months suspended, after the court heard that he has since gone drug-free while working in the prison kitchen.
Noel Byrne (29), Riverbank, Poachers Gate, Carlow pleaded guilty to two counts of theft at Carlow Circuit Court. He appeared via video link from custody for sentencing before Judge Mary Morrissey on Tuesday 21 July.
The court heard that on the morning of 13 October 2024, Garda Mortella attended the scene of the theft at the home of Percy Hogan in Fenagh after being contacted by Mr Hogan’s daughter, who lives across the road from her father. Ms Hogan told gardaí that the stolen trailer â a Williams trailer worth €2,000 â was hers, although she had left it parked on her father’s property overnight. Around €75 worth of diesel was also taken.
State prosecutor Brian O’Shea BL told the court that CCTV footage from the property showed a man in white runners, grey tracksuit bottoms and a black hoodie driving a dark-coloured Volkswagen registered to the defendant’s partner. Mr Byrne, who the court heard has “a history of involvement in criminal matters”, became a suspect immediately and was arrested and questioned after the footage was handed over to gardaí.
He admitted the offences during interview and, while still in custody, arranged for the trailer to be returned undamaged.
The court heard that Mr Byrne, who was 28 at the time of the offence, has 35 previous convictions, including one for burglary, four for theft, three for handling stolen property and 16 for deception-related matters.
Reading from Ms Hogan’s victim impact statement, the court heard that her father had previously lived independently but that the theft had left him “fearful in his own home” and caused him “severe difficulty sleeping” from “listening throughout the night for noises”. She said the change in her father was “entirely out of character” and “very difficult to witness”, adding: “It has gone far beyond loss of property; my father has lost his sense of security.”
Under cross-examination by defence barrister Donal Callaghan BL, the sergeant agreed there was no forced entry, no tools used and no attempt to disguise the vehicle’s registration or the defendant’s appearance â actions Mr Callaghan characterised as “reckless or kamikaze” rather than calculated targeting.
The garda agreed the offending stemmed from Mr Byrne “acting out of desperation due to a drug habit” rather than sophisticated criminality, and that Mr Byrne had co-operated fully and made an early admission.
Mr Callaghan noted a three-year gap in Mr Byrne’s offending between 2019 and 2022 and that 16 of his previous convictions arose from a single case, with most of the remainder relating to road traffic matters.
Suddenly addressing the court directly via video link, Mr Byrne said: “I would just like to apologise to people for what happened. I was going through drug addiction,” adding that he is “working in the kitchen in Wheatfield now”.
Judge Morrissey sought clarification that the yard where the items were stolen was attached to Mr Hogan’s house, which Mr O’Shea confirmed, noting that the injured party “would have been in the house asleep” at the time.
Mr Callaghan told the court that his client had received a glowing probation report, to which Judge Morrissey remarked: “In fairness, he’s addressing his addiction issues.”
The barrister said Mr Byrne, a father of three, had remained drug-free during this period in custody, the longest such stretch of his life, and asked that any sentence not interfere with his rehabilitation, noting that he would be subject to five years’ post-release supervision requiring engagement with probation services and continued employment.
“He didn’t apply for bail. He realised he had to work on himself … funnily enough, he’s almost glad he’s serving his sentence or he might be back to the same old, same old,” Mr Callaghan said.
Sentencing, Judge Morrissey said Mr Byrne had shown “no regard for the vulnerable person living in the house” and that, whether or not he had set out to target a vulnerable person, that was the effect of his actions. She noted that Mr Hogan remained “preoccupied that a person will return”, contacting his daughter “sometimes every 20 minutes” and that the impact had gone “far beyond” the loss of property.
She acknowledged the offence had been committed while Mr Byrne was on bail but also noted that he had come forward with written pleas, shown remorse and ensured the trailer’s undamaged return.
Taking the probation report and evidence into account, Judge Morrissey convicted and sentenced Mr Byrne to two years in custody, with six months suspended for 18 months, subject to a bond of €100 and a requirement of good behaviour. The sentence was made concurrent to a prison term he is already serving.
