Repeat offender rumbled by 'work presentation' messages on stolen phone
A court has heard how a repeat offender was rumbled when he was caught with a mobile phone that he was unable to unlock, while messages on the device referred to a work presentation, despite the defendant saying it belonged to his unemployed girlfriend.
Keith Cummins (28), of no fixed abode, had pleaded not guilty at Dún Laoghaire District Court to the theft of a black Samsung mobile phone under Section 18 of the Criminal Justice (Theft and Fraud Offences) Act 2001. He had also denied threatening, abusive or insulting behaviour and obstruction of Gardaí during a later incident.
The court heard that on August 28, 2024, Garda David Lyons observed Cummins cycling erratically on Clyde Road, Ballsbridge. Garda Lyons said Cummins appeared intoxicated, admitted smoking a joint and drinking cans, and was unable to answer simple questions under caution.
A search recovered drug paraphernalia including a crack pipe and two mobile phones. Garda Lyons said Cummins could not unlock the black Samsung phone and gave inconsistent explanations. Messages on the phone referred to a work presentation, despite Cummins saying it belonged to his unemployed girlfriend.
He was arrested at 2.15am and taken to Irishtown Garda Station.
The court also heard that during a separate incident on January 7, 2025, on Grand Canal Street, Garda Hugo McGowan said Cummins shouted abuse including “f*** off” and “fat f***ing pigs”, raised his fists and resisted arrest.
Judge Conor Fottrell convicted Cummins of theft and also found him guilty under Section 8 of the Public Order Act – failing to comply with garda directions – and Section 19 for obstruction. However, he dismissed a charge under Section 6 for using threatening language, finding there was no evidence to support it.
The court heard Cummins has 59 previous convictions, including those for public order offences, theft, dangerous driving, failure to appear, possession of knives, drug offences, a firearms offence and assault.
Ms Silvia-Maria Crowley BL told the court her client had been using drugs since the age of 10, was homeless, and had a long-standing addiction to crack cocaine. She said he does not drink alcohol due to a family history of alcoholism and was currently detoxing while in custody.
She said Cummins had no family support but still had a lengthy life ahead of him and asked the court to consider the efforts he was making.
Judge Fottrell described Cummins’ record as significant and troubling and said the offending represented a continuation of his behaviour.
He imposed a three-month sentence for the theft offence, a three-month sentence for the Section 8 public order offence, and a one-month sentence for obstruction, all to run consecutively.
Cummins was sentenced to a total of seven months’ imprisonment, consecutive to a four-month sentence he is currently serving. His earliest release date is in approximately one month.
The judge fixed a €500 recognisance on completion of the sentence and granted legal aid.
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