Criminal with 165 priors gets fully suspended sentence on appeal
A serial offender with 165 previous convictions who was twice spotted on CCTV entering different cars has had his ten-month jail term replaced with a fully suspended sentence on appeal.
Gary Herbert (43) with an address at Tallaght, Dublin 24 was convicted in the District Court of two counts of entering the curtilage of a building as a trespasser with intent to commit an offence contrary to section 11 of the Criminal Justice (Public Order) Act, 1994.
He was given a six-month jail sentence for the first offence and a four month term consecutive to that for the second offence.
Herbert was also convicted of getting into a mechanically propelled vehicle without authority while it was stationary contrary to section 113 of the Road Traffic Act, 1961. This was taken into consideration in the judge’s sentencing.
Herbert later lodged an appeal against the severity of his sentence.
Garda David Devaney told the court today that on March 18, 2025 gardai received a report from an injured party saying that he went to his vehicle in the morning and recognised that some of the items inside looked as though they had been rummaged through.
Garda Devaney said the injured party reported that some of the contents of the car had been strewn about and that this was not of his own doing.
The garda said that Herbert was identified on CCTV going onto the property in Templeogue and entering the vehicle.
Defence counsel for Herbert confirmed with the garda that the items in the car had been rummaged through, but that nothing had been taken.
Garda Devaney also said that separately, on April 15, 2025, gardai got a report that an Apple Watch had been taken from a vehicle in Terenure.
He said that Herbert had been observed on CCTV in the early hours of the morning entering the vehicle. He told the judge that he was not aware if the Apple Watch had been found.
Defence counsel said that Herbert had been diagnosed with mental health issues and which caused “turmoil” in his life.
He told the judge that Herbert would have stable accommodation upon his release from custody for other matters.
Garda Devaney said that Herbert has 165 previous convictions, with similar incidents to those that were before the court.
Judge Christopher Callan decided to fully suspend both of Herbert’s sentences for a period of two years on the condition that he keeps the peace, engages with probation services and continues to take his medication.
Judge Callan told Herbert that it was “very important” that he takes his medication, noting that he has a “considerable number” of previous convictions.
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