Serial offender who broke probation within days gets 'one more opportunity'
A serial offender who has carried out a large number of thefts while subject to court orders has been spared jail and given “one more opportunity” after pleading guilty to stealing from Superdrug.
The thefts involved cosmetics and aftershave worth more than €950, including €142 worth of cologne and a separate incident involving items valued at €809.25.
Donna Kane (31), of Willowvale, Ballybrack, pleaded guilty at Dún Laoghaire District Court to two counts of theft from Superdrug on June 1, 2023.
Judge Anne Watkin said the offending formed part of a long pattern and noted that Kane was “very lucky” to have been dealt with by way of a probation order in 2021, adding she did not understand why a custodial sentence had not been imposed at that time.
The court was told that Kane has 43 previous convictions, including those for theft, robbery, public order offences, criminal damage and assaults.
The judge said Kane breached the previous probation order and went on to commit further offences five days later, noting there had been a large number of thefts committed while she was subject to court orders.
Defence counsel, Sylvia-Maria Crowley BL, told the court it was her instructions that Kane was not in court on the day the probation order was made.
Judge Watkin said she would not proceed to sentence someone in their absence and would not have signed a probation order unless the person was before the court.
“I wouldn’t proceed to sentence someone in their absence”, the judge said.
Judge Watkin said she was satisfied her own orders were correct and supported by a probation report, adding that a bench warrant would otherwise have been issued had Kane failed to attend.
The court heard there has been no offending since March 2024, with Kane not coming to Garda attention for almost two years.
Judge Watkin asked what Kane had been doing during that time and was told she had engaged with treatment and recovery services, including a programme at the Rutland Centre, while she has been drug-free for over a year.
It was submitted that Kane had accepted responsibility for her offending and had taken a hearing date on outstanding matters when she met with the Probation Service on January 13.
Kane’s employer attended court and provided a character reference, describing her as willing and reliable and saying her employment reflected the progress she had made.
Judge Watkin said she had to take that progress into account, noting some of it had been influenced by delays in the court process.
“I’m prepared to give one more opportunity”, the judge said.
Kane was placed on a two-year probation bond and warned that if she offends during that period, the consequences would be serious.
Funded by the Courts Reporting Scheme
