ATM. File pic.
A man has been convicted of two offences under the Criminal Justice (Theft and Fraud Offences) Act at Kilkenny District Court after making two elderly men pay a total of €1,400 for work that was never done.
Noel Byrne, 23 Riverbank, Poachers Gate, Carlow, was convicted of making a gain or causing loss by deception on two separate occasions in March this year.
The court heard that on March 4, 2025, Mr Byrne ‘induced’ another man to take €500 out of his bank account via an ATM, to pay for work Mr Byrne then did not do.
On March 21, 2025, Mr Byrne again induced a different man to write two cheques for €450 each.
Again, the work Mr Byrne charged for was not done.
While the cheques were cancelled the cash was outstanding, the court heard.
Solicitor for Mr Byrne, Chris Hogan, told the court his client had €500 in cash to offer to the second injured party. Mr Byrne appeared in court via video link.
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Judge Geraldine Carthy said the facts were quite stark. Both men appeared to be of an elder nature.
She said mitigation had been given in court on a previous occasion, including that the defendant had missed his daughter’s first communion as he was remanded in custody since April 7.
The judge said that while the solicitor had set out that his client was remorseful and had been in the ‘throes of addiction’ at the time, she had to have cognisance of the fear felt by the two injured parties and the ongoing effects this deception is having on them.
The charges were one of the most serious matters that the court deals with, Judge Carthy said, and it reached the threshold for a custodial sentence.
Mr Byrne had 32 previous convictions, the court was told.
The judge handed down a seven-month prison sentence on each charge, to run consecutively (14 months in total).
Recognisance as fixed in the event of an appeal.
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