Jail for man with 67 previous convictions
Carlow Courthouse Photo: Michael O'Rourke
A 29-YEAR-OLD man who attempted to drive off in a vehicle that was being seized by gardaí has been jailed for seven months. Joseph Falconer appeared before Carlow District Court charged with three counts of theft and counts under section 3 and section 9 of the .
The court heard that on 7 May last at 9.35pm, Garda Gerald O’Connor was in the act of seizing a vehicle on Regent Street, Bagenalstown under Section 41 of the Road Traffic Act when two males emerged from a nearby apartment.
Mr Falconer attempted to gain access to the vehicle and tried to start the car and drive off.
The court also heard details of three thefts carried out by the defendant in April. On 29 April at 6.30pm, Mr Falconer was captured on CCTV driving into a service station in Castlecomer, Co Kilkenny, where he filled his vehicle with €80 worth of diesel before leaving without paying.
On 25 April, he similarly entered a Circle K on Waterford Road, Co Kilkenny, filled his car with €30.45 worth of fuel and left without paying.
On 24 April at 6.45pm, he entered Munnelly’s Shop and Deli on the Kilkenny Road, Carlow, where he asked for tobacco valued at €26.30, picked it up and left without paying.
Defending solicitor Joe Farrell told the court his client had been serving a prison sentence and since his release was “struggling to settle back into life after prison”. While he admitted the thefts were “a nuisance to shopkeepers”, Mr Farrell asked the court to be conscious of the fact that the thefts were of low value.
He said Mr Falconer did not have money by way of compensation “given his current predicament” and had pleaded guilty to the three thefts.
The court heard that Mr Falconer has 67 previous convictions, including 17 for theft and 23 for section 4 public order offences.
Judge Geraldine Carthy said the aggravating matter was that the defendant had 67 previous convictions. She said she was satisfied that it was not appropriate for community service and had reached the threshold of custody.
Judge Carthy convicted and sentenced Mr Falconer of Suir Crescent, Mooncoin, Co Kilkenny
to seven months’ imprisonment in relation to trying to drive off in the seized vehicle and convicted and took into consideration all other matters.
