Courts / Dublin / Report

Repeat offender has 10 months of sentence suspended on appeal

Summary

David Fagan, 40, with 131 prior convictions, was convicted in the District Court for stealing €1,300 from the same shop on three occasions. He pleaded guilty to three counts of theft under the Criminal Justice (Theft and Fraud Offences) Act, 2001, and received two concurrent six‑month sentences plus a concurrent ten‑month term. On appeal, Judge Jonathan Dunphy upheld the two six‑month sentences but suspended the ten‑month term for the €700 theft on 7 May 2024 for a full two years. The suspension is conditional on Fagan being supervised by the probation services upon release, attending all meetings and referrals, and keeping away from the service station in Portmarnock. The court noted that the other offences were non‑violent and that Fagan had shown remorse and had no disciplinary record while in custody. The appeal was based on the claim that the original sentences were manifestly excessive.

Who, what, where, when and why

What: Report matter: Repeat offender has 10 months of sentence suspended on appeal. Charges or matters: theft. Procedural stage: appeal

When:

• May 7, 2024 Hearing Or Sentence
• April 4, 2024 Other
• May 2, 2024 Other
• April 4 Other
• May 2 Other
• May 7 Incident
• 2025-09-10 Publication

Case subjects

Places mentioned

Topics

Fraud Stage Appeal Theft Violent Crime

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Read the original CNI report