Sentenced for theft of iPad, ear pods and an e-scooter

AN “opportunistic” thief received an additional three months to a current sentence he is serving.

Gary Herbert (42), with an address of Kilcarrig Green, Tallaght, appeared before Tallaght District Court in custody, to face charges of theft in relation to possession of a pair of ear pods, an iPod and an e-scooter on Firhouse Road, on October 19, 2024.

Mr Herbert was also facing a further charge of the theft of coins and cash totalling €150, from an unlocked Volvo car at Fairways, Rathfarnham, on October 27, 2024.

At a previous hearing in Tallaght District Court on July 15, the court heard Mr Herbert had 157 previous convictions, including 60 for theft.

At the July 15 hearing, the court heard from an injured party Brian Lawlor, the owner of the Volvo car. At that hearing, the court found Herbert guilty of breaking into and stealing €150 worth of coins and notes from the car.

Sentencing was put back to this week for the purposes of having the appropriate charge sheets present in court.

Mr Herbert is currently serving a prison sentence and due for release in April 2026.

At this week’s hearing, the court heard that the accused was dealing with four matters of theft, all basically concerned the taking of property outside houses and opening cars.

Ciara Ní Ghabhann BL, defence counsel, said the nature of the thefts were “opportunistic”, occurred outside properties and no criminal damage was involved.

Mr Herbert has had difficulties with mental health, drugs and with gardai, the court heard.

Judge Patricia McNamara said the last time she imposed a suspended sentence, Mr Herbert went out and committed an offence that triggered the suspended sentence “which is why he is in prison until April.”

Judge McNamara noted that Mr Herbert was contesting all the charges “bar the e-scooter” and that a witness had to come into court to give evidence.

Mr Herbert was sentenced to nine months which runs consecutive to an eight-month sentence he is currently serving.

Six months of this was suspended for two years.

“When he is released, he has a six-month suspended sentence hanging over him for two years – no drugs, no re-offending – if caught you will be straight back in again,” said Judge McNamara.

“Effectively, I’m adding three months to his eight months.”