Judge wishes Cork man well in his future as she convicts him of stealing from his employer

The court heard that the man had rehabilitated, had repaid the loss in full, had new employment, and had no previous convictions

The defendant was working at Cork Builders Providers on Togher Road in Cork in July and August 2024 when he carried out thefts totalling over €3,500. File picture: Richard Mills

A sentencing judge wished a 28-year-old man well in his future, but said she had to convict him for thefts from his employer which were carried out when he was in the grip of a gambling addiction in 2024.

He was working at Cork Builders Providers on Togher Road in Cork in July and August 2024 when he carried out thefts totalling over €3,500. He repaid this in full, solicitor Killian McCarthy said on behalf of Kevin Kavanagh at Cork District Court.

Mr McCarthy urged the judge to consider putting the man on a probation bond and leaving him without a conviction in light of the gambling addiction that was behind the 2024 offences. He also stressed that the man had rehabilitated, had repaid the loss in full, had new employment, no previous convictions and the fact that he has his life ahead of him.

Judge Mary Dorgan said she was taking all of that into consideration and that this was why she was imposing a suspended sentence rather than sending him to prison, but she refused the application to leave him without a conviction. 

She convicted him and imposed a suspended 10-month sentence. The judge said that, of course, it was open to him to appeal that to the circuit court.

For Kevin Kavanagh of 84 Connolly Park, Ballyphehane, Cork, Killian McCarthy said: “He has been very frank and honest. He pressed a button on a machine and he realised it operated in a certain way and he took advantage of it. It was not pre-planned.

“Essentially, he was approached and he offered his resignation immediately. He went into very specific details to assist the gardaí.” 

Judge Mary Dorgan said after previously reading the probation report: “He said he knew he was likely to get caught but was unable to stop. The part of the report that I thought was kind of him was to say that while he lost his job he felt that he was treated well where he was working and expressed appropriate remorse. He has repaid all of the money and has no previous convictions whatsoever." 

Outline of offence

Sergeant John Kelleher said previously: “During the course of his work he created false cash sale refund dockets for various amounts of money. In so doing he gave the impression that goods were being returned. 

"He selected genuine cash sale dockets in the system and this enabled him to make the false cash sale refund dockets. Knowing that company policy required that any cash sale refund over €500 had to get approval, he kept the false documents underneath the set threshold. 

"When arrested he was co-operative and admitted all matters. The total amount stolen was €3,539.” 

He pleaded guilty to 15 counts of theft and 16 using a false instrument to carry out the theft.