Returned from Australia to plead guilty to multiple thefts
Stock image of man putting diesel in a car
A MAN who returned to Ireland after two and a half years in Australia to clear his name over a string of drive-off diesel thefts has been convicted and fined at Carlow District Court after Judge Geraldine Carthy ruled the “recidivist nature” of his offending made leniency “a tall ask”.
Darragh Byrne (30) whose last recorded Irish address was Allendale Park, Baltinglass, Co Wicklow pleaded guilty to multiple counts of section 4 theft. The court heard he had a sum of cash with him to “more than cover” the thefts and that three bench warrants in the matter had been executed.
Sergeant Paul Daly gave evidence that on the afternoon of 23 January 2024 the defendant put €132 worth of diesel into a vehicle at O’Toole’s Circle K in Tullow, Co Carlow and left without paying. It was “not accidental” that he did not pay, the court heard, and the incident was captured on CCTV.
On the morning of 17 January, again at O’Toole’s, he took €70 worth of diesel and left without paying, which was also captured on CCTV.
The court heard that on 26 November 2023 the defendant took €60 worth of diesel at an Applegreen on the M1 inbound to Lusk, Co Dublin, entering the shop and paying for food but not for the fuel. On the night of 19 January 2024, he entered Conlan’s filling station in Athy, Co Kildare and “hindered the security camera by opening the passenger door” of his vehicle before putting €50 worth of diesel in his van and leaving without paying. On 18 September 2023 at an Applegreen in Paulstown he filled his van with €50.04 worth of diesel which he made no attempt to pay for.
Mr Byrne has five previous convictions, all for minor road traffic offences dating back to 2021.
His solicitor said the defendant had been living abroad with his partner for the last two and a half years. “He has a life there and these matters are a stain on that,” she said, adding that he had returned to Ireland for a few weeks to resolve the matters and was very grateful to the sergeant who had met with him. She said he had restitution monies with him.
“It was a very difficult time also and drug abuse is no excuse, but it would go some way to explain,” she said, telling the court that his mother had passed away in 2011 and his father in 2023. In mitigation, she said Mr Byrne had taken “great strides to address his addiction issues” and handed in character references, including one from his employer in Perth, Australia.
The solicitor said he had not come to any negative attention since leaving Ireland and had made a large sum of money available, describing thefts of this kind as an “absolute scourge” that were often “passed on to other customers to compensate”.
“He has come back specifically to clear his record in some way,” she said. “I think I can say this and don’t really ever say this to the courts, but he is coming before the court a different person than when he left some years ago.” She asked the judge to consider applying the Probation Act and not record a conviction.
Judge Carthy noted that while the defendant had very good character references, there were six theft matters before her and the aggravating factor was the recidivist nature of the offending. Even though he had turned his life around and got past some addiction issues, she said it was “a tall ask” to apply the Probation Act.
She convicted and fined him €300 for the first charge and €250 for the second, with the remaining matters taken into consideration. “It’s the best I can do,” she said.
