Brothers whose mother reported them to gardaí get total of 13 years

Three Coolock brothers, whose mother reported them to gardaí after she saw them rob a Chinese food delivery man, have been sentenced to a total of 13 years for various crimes, including robberies.

Patrick (aged 23), Michael (aged 19) and Edward (aged 18), all of Belcamp Crescent, were reported to gardaí by their mother after she spotted them smashing the windows of the delivery man’s car, punching him in the head and taking his CD player and navigation system from the vehicle on August 18, 2006.

Detective Garda James Neary said the trio's mother was among a number people who arrived at the scene to help the young Chinese man, who quit the job he had started only two weeks earlier as he was too afraid to continue.

Garda Eoin Beatty told prosecuting counsel Ms Anne Rowland BL that Michael Byrne’s mother brought him to the station and made him admit this crime after he had earlier denied his involvement to gardaí.

Michael and Edward pleaded guilty at Dublin Circuit Criminal Court to robbery of a CD player and GPS system from the delivery man’s car and Michael also pleaded guilty to robbing a Shell garage on Malahide Road on August 5, 2006 and to criminal damage, burglary and unlawful taking of a car on Clonshaugh Avenue, Priorswood on June 29, 2007.

Patrick, the eldest, was given a six-year sentence with two years suspended in June 2007 for the Chinese delivery robbery but has now been given a concurrent three year-sentence after he pleading guilty to robbery with Michael to the Shell garage robbery.

Judge Katherine Delahunt suspended the last two years of his sentence after she noted that, although a probation report concluded that he was at a high risk of re-offending upon his release from prison, he was making efforts to rehabilitate.

Edward was given a three-year sentence with the last year suspended after Judge Delahunt took into account both a psychiatric report and a probation report that she said had made "solemn reading".

Michael was given a four-year sentence for the three cases he had before the court. The last year of his sentence was also suspended on strict conditions.

Judge Delahunt said it was a vicious and unprovoked attack on the delivery man who, she said, had "only been trying to earn a living".

She said that the probation reports she had ordered for each of the brothers all stated that they were at a high risk of re-offending,

She advised the trio that she had suspended part of their sentence to give them a chance to engage with the service but warned them that if they re-offended during that suspension they would be put back in prison.

Patrick Byrne has 40 previous convictions, Michael has 24 convictions and Edward has 11 convictions.

Garda Mark Barrett said the Shell garage staff members were alarmed to see three culprits pushing open the shutter after it had been put down at night. They then gained entry by kicking the door and breaking the glass.

Patrick and Michael Byrne ran to the till and took €270 before escaping with their accomplice.

Gardaí identified them from CCTV and went to their home where they were admitted by their mother. They made admissions during interview.

Detective Neary said that two weeks later, Edward and Michael Byrne approached the Chinese delivery worker outside a house in Belcamp Avenue and tried to take his car keys.

He managed to run away and he was told by older people standing nearby to drive off as quick as he could but as he got into the car, three windows were smashed and he was punched in the head by Patrick Byrne.

Meanwhile Edward Byrne got into the car, took out the GPS Navigation System which he handed to Michael, and also took the CD player.

Edward Byrne admitted on his arrest that he had hit the delivery man and smashed the van windows while Michael Byrne said he saw "everyone hitting the Chinese man" and he decided to "rob a curry".

Garda Neary agreed with Mr Luigi Rea BL, defending Michael Byrne, that his mother was appalled by what had happened.

Mr Garret Baker BL, defending Patrick Byrne, handed in a letter from the family priest who believed that he "has seen the error of his ways".

Mr Baker submitted that Patrick had been in custody for nearly two years now and had used his time to complete certificates in oil painting and cookery. He wished to avail of further opportunities in the prison training unit.

Mr Rea submitted that if Michael went to Mountjoy "he could pick up bad habits" and he was asking the court to "give him a chance" since he wanted "to put his misbehaving behind him".

Mr Remy Farrell BL, defending Edward Byrne, said the "gardaí have sympathy for the boys’ mother but a probation report outlines a household where there is little control. "He said an "intervention" was required.