A 42-year-old man who threatened a 21-year-old woman over a box of beer which he had stolen from an off-licence has been handed a suspended prison sentence.
Peter Damian Curry, of Rosnarick Close, Derrygonnelly, admitted to theft, common assault as well as a charge of criminal damage which happened on a separate occasion.
Curry was handed a four month prison sentence, suspended for two years when he appeared before Enniskillen Magistrates Court.
A prosecutor explained that on May 21, this year, at around 1.35am, police were informed of an electronic breach of bail from the G4S in relation to the defendant.
Officers called to Curry’s home to investigate the alleged breach.
The court was told that at 11.15pm the night before, Curry was detected outside the confines of his property despite being under court bail conditions which prohibits him from leaving his home after 11pm.
The following day, at 3.30am, he was arrested on suspicion of breach of bail and was taken to Enniskillen Police Station.
Then on 22, July, police interviewed Curry in relation to the tag.
He denied breaking the tag saying it was not fitted securely and that it fell off and he did not know where the tag was.
On April 13, police were called to Cheers off licence in Derrylin in relation to a report of theft.
The court heard that Curry went in to the premises at around 1.30pm and took a box containing 24 bottles of Miller and told a member of staff that he would pay for the beer and wanted a receipt.
A statement was taken from the 21-year-old woman who was working at the off licence. She told officers that she produced a receipt of £23.76 after he went up to the counter with the beer but he then said he did not have enough money to pay for the beer.
Curry told the employee that he was going to borrow money and would be back later.
About an hour later, the defendant returned wearing a baseball cap pulled over his face which caused her concern.
Curry told her to ring the shop manager so they could come to some arrangement for the payment which would be made later.
Feeling under pressure, the woman called the owner.
While doing this she saw Curry pick up the box of beer and take it outside. She followed him outside, where he was getting in to a waiting taxi, and told him to bring it back in.
He then made threatening comments towards her while he was standing close, so she allowed him to leave in the taxi.
She contacted the manager who notified police of the incident and Curry was later arrested for assault.
After caution, the accused made full admissions to the theft, however he denied the assault.
Defence solicitor Emer Cox stated that the defendant was under a probation order of 18 months, which he was attending and working well with.
“The defendant has lost his family network and is on his own,” she added.
Deputy Judge Terence Dunlop remarked: “It’s terrible he wasn’t thinking very much of the injured party when this incident happened.
“It’s a very distressing thing for a young woman to deal with and he was threatening her.”
The court then heard that Curry was not able to tell officers where the tag was.
“What mitigates this is that he is doing well with probation and given that he is responding well he is fortunate that I do not want to interfere with that,” Judge Dunlop added.
“He is within a hair’s breadth of custody.”
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