Courts / Dublin / Report

Clerk who lodged wages of ex-employees into his own account avoids jail

Date
2018-03-14
Stage
Sentence
Primary locality
Dublin
County
Dublin

Summary

Nicholas Smyth, aged 37, worked as a payroll clerk for Fairline Fashion until his resignation in October 2015. During his tenure, he diverted over €27,000 by depositing the wages of former staff members into his personal bank account. An annual audit later revealed that the company continued to pay two women after they had left, and their wages, along with Smyth's, were all lodged into the same account. Garda William Kavanagh confirmed the theft was easily detected and Smyth was arrested. He pleaded guilty to nine charges of theft covering October 2014 to September 2015. In Dublin Circuit Criminal Court, Judge Martin Nolan imposed a three‑year suspended sentence, noting Smyth's prior convictions and the unsophisticated nature of the offence. Smyth admitted the money was used to support his family, who were in financial hardship, and expressed genuine remorse. The company was compensated through insurance. Smyth has since lost his job and is seeking new employment.

Who, what, where, when and why

What: Report matter: Clerk who lodged wages of ex-employees into his own account avoids jail. Charges or matters: nine sample charges of theft from Fairline Fashions, Fashion City, Ballymount, Dublin on dates between October 2014 and September 2015. Procedural stage: sentence

When:

Why: He said it was with "reluctance" that he was imposing a non-custodial sentence because employers were entitled to loyalty and this crime was "pretty reprehensible". CNI source report

Case subjects

Nicholas Smyth

Defendant

Charges: nine sample charges of theft from Fairline Fashions, Fashion City, Ballymount, Dublin on dates between October 2014 and September 2015 (Admitted)

Plea: Guilty

Outcome: He said it was with "reluctance" that he was imposing a non-custodial sentence because employers were entitled to loyalty and this crime was "pretty reprehensible".

Places mentioned

Residence
Court Venue
  • Dublin
  • Dublin Circuit Criminal Court

Topics

Stage Sentence Theft

Related court reports

Read the original CNI report

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