A THIEF who stole a box of beer from an off licence and was arrested a short time later when he was spotted walking past the store has been handed a suspended jail sentence.
Patrick John James McDonagh, of Cherryhill, Irvinestown, pleaded guilty at Fermanagh Court to stealing a box of Carlsberg to the value of £24 as well as assaulting a police officer.
McDonagh, who has some 94 previous convictions, was handed a five month prison sentence, suspended for two years and ordered to pay £24 compensation.
Outlining the background of the case, a prosecutor stated that on February 8, at around 8.15pm, police were called to an off licence in Irvinestown following a report of theft.
The officers were told that a pack of Carslberg was taken from the off licence while staff were distracted.
A manager of the shop named the defendant as being the person who stole the alcohol saying that he knew the accused.
Staff told police that they went out the back of the shop and when they returned they noticed a box was missing.
However, McDonagh was stopped and confronted by another person on the street after the theft took place. The box was taken off him and returned to the shop.
As this was taking place, staff pointed out the defendant who was walking past and he was subsequently arrested for the offence.
A search was carried out of the defendant that uncovered one tin of Carlsberg.
CCTV images of the incident shows McDonagh taking the box and placing it outside the shop on the street. There was no attempt to pay for the items.
However, McDonagh denied the offence saying the man in the footage was not him despite police pointing out he was wearing the same clothes as the person in the images.
The court was told that the box was not fit for resale.
Then on February 26, at around 2.25am, police were called to an address at Sallys Wood in Irvinestown following a report of a disturbance.
The defendant answered the door without a shirt on and was described as being “highly intoxicated”.
Police went in to the property and spoke with the resident who said that the defendant had no longer use of that address as a bail address.
McDonagh was arrested on that basis and was cautioned. He then became aggressive and started to clench his fists and had to be restrained by officers.
He was taken to a police station where he became what police described as violent.
He told two police officers that he would “stick my head in both of you”. McDonagh then tried to head-butt another officer.
He was arrested for assaulting police officers.
Defence solicitor Conor Heaney said that his client appears before court with a previous record with relevant convictions for public order offences and assault.
The court heard that McDonagh was jailed for nine months at Omagh Crown Court last week after he was convicted of assault occasioning actual bodily harm.
“You can have no doubt that was committed on the backdrop of him being an alcoholic. He has had a long standing addiction to alcohol.
“This theft was an amateurish attempt to obtain alcohol. He was immediately identified to staff there and the items were recovered.
District Judge Nigel Broderick described his record as “atrocious”.
“You were sentenced to 18 months last week and there’s no useful purpose giving you a short sentence. I will leave something hanging over your head as an incentive to avoid further offending.”
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Posted: 6:00 pm April 3, 2015