Man given suspended sentence for “opportunistic” theft of 12 electric scooters

By Eimear Dodd

A man involved in the “opportunistic” theft of 12 electric scooters from a Dublin business has been handed a suspended prison sentence.

Dublin Circuit Criminal Court heard that the 12 e-scooters, worth €7,780, have never been recovered.

Patrick Berry (40) of Labre Park, Kylemore Road, Ballyfermot, Dublin 10 pleaded guilty to theft on November 16, 2020 from a storage unit at a business park in Ballymount.

An investigating garda gave evidence that a patrol car was flagged down by men outside a storage complex in Ballymount.

The injured party told gardai he had an e-scooter sale and repair business and his storage unit had been broken into. He said that he was not sure the shutter had closed properly when he left the unit two days earlier.

CCTV played to the court showed a white van stopping outside the storage unit. The shutter was slightly open. The van’s driver – who has not been identified – got out and looked under the shutter.

He then got back into the van and parked it closer to the storage unit. After the shutter was lifted, Berry and the driver placed 12 boxed e-scooters in to the van. The shutter was then lowered and the van left the area.

Berry was identified from the CCTV. When his address was searched on November  24, 2020, the white van was parked outside and seized by gardai.

He was arrested and nothing of evidential value was obtained when he was interviewed by gardai.

A victim impact statement was handed to the court but not read aloud.

Berry has 30 previous convictions including eight for theft. All of his previous convictions were at the District Court and Berry has had no new offences since 2021, the court heard.

The investigating garda agreed with defence counsel that Berry has addiction issues, which he has taken steps to address.

The garda also accepted that testimonials on behalf of Berry are positive.

Defence counsel said €3,200 had been gathered by his client’s parents and was available in court as a token of remorse.

He said Berry was apologetic and deeply ashamed of his actions. His client was using cocaine and crack cocaine.

Berry has taken steps to address his addiction and is engaging with relevant services. Clean urine analysis was provided to the court, along with testimonials and an offer of trial employment

Family members were also in court to support Berry.

Judge Orla Crowe noted that this incident took place during the Covid-19 pandemic, and that it appeared the business park was “quiet” at the time. The judge said this was an “opportunistic” theft, which took place “very quickly”.

Referring to the victim impact statement, the judge noted while €7,780 may in some circumstances be a small amount for a business, for the injured party’s business at that time it was “almost existential”.

Judge Crowe said the theft “almost caused the collapse” of what was then a new business. She noted this caused great stress to the injured party. The judge noted the business had endured and the court commended them for that.

The judge said it showed “how one offence can have larger consequences”.

Judge Crowe said the impact on the injured party, Berry’s previous convictions and the value of the goods were aggravating factors.

Having considered the mitigation, the judge imposed a sentence of two years and six months.

Judge Crowe said the court wished to “give this man a chance” and suspended the sentence on strict conditions, including that Berry remain drug-free, for four years.

The judge also directed that the €3,200 brought to court should be paid to the injured party’s company.