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Criminal with 165 priors gets fully suspended sentence on appeal
Summary
A serial offender with 165 previous convictions, Gary Herbert (43) from Tallaght, Dublin 24, had his ten-month jail sentence replaced with a fully suspended sentence on appeal. Herbert was convicted in the District Court of two counts of entering the curtilage of a building as a trespasser with intent to commit an offence, and of getting into a mechanically propelled vehicle without authority. He was given a six-month jail sentence for the first offence and a four-month term consecutive to that for the second offence. Garda David Devaney testified that Herbert was identified on CCTV entering vehicles in Templeogue and Terenure, where items had been rummaged through. Defence counsel confirmed that nothing was taken but highlighted Herbert's mental health issues and his need for stable accommodation. Judge Christopher Callan decided to fully suspend both sentences for two years, on the condition that Herbert keeps the peace, engages with probation services, and continues his medication. The judge emphasized the importance of Herbert taking his medication, noting his considerable number of previous convictions.
Who, what, where, when and why
What: Report matter: Criminal with 165 priors gets fully suspended sentence on appeal. Procedural stage: sentence. Findings: Convicted
When:
- March 18, 2025 Hearing Or Sentence
- April 15, 2025 Other
- 2026-01-12 Publication
Case subjects
Convicted Person
Finding: Convicted
Outcome: Convicted; Herbert later lodged an appeal against the severity of his sentence. Judge Christopher Callan decided to fully suspend both of Herbert's sentences for a period of two years on the condition that he keeps the peace, engages with probation services and continues to take his medication.
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