Derek Farrelly (41) of Somerville Drive, Dublin 12, appeared at Bray District Court for sentencing. The accused entered a guilty plea to one count of theft of a €250 deposit.
The court heard that the Director of Public Prosecutions directed that the case could be dealt with by summary disposal only if Mr Farley entered a guilty plea.
Summary disposal means the case is dealt with in the District Court by a judge alone, rather than being sent forward to the Circuit Court for trial before a judge and jury, which can carry more serious penalties.
Sergeant Mick Dee told the court that in September 2021 Mr Farley agreed to carry out home improvement work at the complainant’s home.
Mr Farley was contacted via Facebook Marketplace and agreed to undertake the work once a €250 deposit was paid into his bank account. He received the payment on January 8, 2022.
Gardaí later received a statement of complaint from the homeowner, and copies of the correspondence were handed into court.
Sgt Dee said that Mr Farley has 35 previous convictions and received a two-year sentence in 2024 for driving without a licence.
The court also heard that at Court 4 of the The Criminal Courts of Justice in Dublin in July 2022, Mr Farley was fined for deception against another customer of his business.
Judge David Kennedy asked what distinguished this offence from the previous matter, with Sgt Dee stating that on this occasion the accused used the funds for his business, making it a different type of offence.
Barrister for Mr Farley, Sarah Patton BL, said her client had operated a business and had intended to carry out the work, but that the business later went “bust”.
She said that if given four weeks, her client, who is currently serving a sentence on unrelated matters, could gather the money to reimburse the injured party.
“He has had four years to do so and I’m not convinced,” Judge Kennedy said. He fined Mr Farley €2,000 and imposed a 10-month prison sentence, which he suspended in full.
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