Man jailed for “mean-spirited” theft of e-scooter

By Eimear Dodd

A man who stole an electric scooter in a “mean-spirited theft” has been jailed for two years.

John O’Brien (44) with an address at Cloverhill Prison, but formerly of no fixed abode pleaded guilty to the theft of an electric scooter on Dame Street on January 31, 2022. He has 119 previous convictions including for theft, robbery and drugs offences.

Dublin Circuit Criminal Court heard that the injured party went to a Centra on Dame Street around midnight, leaving his e-scooter inside the door of the shop while he went to pay.

He noticed an argument between shop security, O’Brien and two other men at the door. During this altercation, O’Brien grabbed the e-scooter and took off in the direction of Trinity College.

The injured party chased after O’Brien. When he caught up, he pleaded with O’Brien to return his e-scooter. O’Brien threatened the injured party, saying he would kill him if he didn’t leave the scooter.

While he was afraid, the injured party again asked for his e-scooter back, then grabbed it. Another men, who had been part of the argument outside the shop, punched the injured party to the back of his head.

This man told the victim if he didn’t let go, he would be killed. The court heard this man had shouldered the injured party in the shop to prevent him chasing O’Brien.

The victim was terrified, but kept holding onto the e-scooter.

Gardai were in the area and spotted O’Brien riding the e-scooter in the middle of the road. The injured party was still holding on and shouting for help.

They intervened and arrested O’Brien. Nothing of evidential value was obtained during interview. O’Brien told gardai he was homeless and when shown CCTV, said he couldn’t remember much.

O’Brien was on bail for other offences at the time of this incident and is currently serving a sentence, the court was told.

The investigating garda agreed with Luigi Rea, BL, defending, that his client left school at 14, completed training courses before succumbing to addiction issues.

Mr Rea said this was a “mean offence” committed late at night and his client recognises what he did was wrong. O’Brien is remorseful and regrets his actions, counsel said.

Mr Rea said the death of his client’s father and two sisters had a profound effect on him. O’Brien now accepts he must deal with his addiction and has been taking steps while in custody.

Imposing sentence on Friday, Judge Orla Crowe said this was a “mean-spirited theft”, but thankfully, the e-scooter was recovered in part as gardai were in the area.

Judge Crowe noted that O’Brien has a “chronic” addiction and his life had descended into the “inevitable chaos that ensues from that”, but is doing well in custody.

She noted the aggravating features include his previous convictions and that he was on bail at the time of the offence.

The judge noted O’Brien is currently in custody, with an earliest release date in December 2027 and that certain structures had been put in place to support him when he is released.

Having considered the mitigation, she imposed a two-year sentence backdated to when he pleaded guilty. Judge  Crowe said this sentence would run alongside the sentence O’Brien is currently serving and the same structures will remain in place for his release.