Man who stole €2k of 'hot pants' from a lorry is jailed for 14 months
A Dublin man has been jailed for 14 months for stealing almost €2,000 of "hot pants and things like that" from the back of a delivery truck.
Noel Dempsey (61), of Stannaway Road, Crumlin, pleaded guilty at Dublin Circuit Criminal Court to stealing four boxes of women's clothes from a lorry on Wicklow Street, Dublin, on August 13, 2013.
He is the father of Vicky Dempsey, who was previously convicted of violent disorder over an incident in a pet shop in February 2011.
Garda Joseph Heaphy told James Dwyer, prosecuting, that a lorry driver had collected boxes of Pull & Bear clothes from Henry Street early in the morning and driven to Wicklow Street.
The driver stepped away from the lorry for five minutes and noticed on his return that the lorry's tail lift had been interfered with.
He discovered that four boxes were missing and reported the incident to gardai.
Dempsey was identified on CCTV footage as one of two men taking the boxes and driving away with them in a van.
The van was linked to Dempsey and gardai went to his home, where they found the boxes in his van. The clothes, which were never recovered, were valued at €1,988.
Gda Heaphy agreed with Keith Spencer, defending, that the boxes were full of women's clothing, "hot pants and things like that".
Dempsey's 99 previous convictions include 27 theft-related offences and 67 road traffic offences.
The company from which the clothes were collected is no longer trading, but the court heard that there was no evidence that linked this incident to the company shutting down.
Mr Spencer told the court that Dempsey has undergone chemotherapy treatment for prostate cancer, which is currently in remission. He has also undergone five coronary bypass operations and has had 21 stents placed in his heart.
Judge Karen O'Connor said Dempsey's health conditions, his guilty plea and a bereavement he had suffered were all mitigating factors in her sentencing.
She said that 2013 was a difficult time for businesses to survive and the loss of €2,000 of stock must have had an impact on the company.
"It is in no way a victimless crime," the judge said.
She added that, without mitigating factors, she would have considered a sentence of two-and-a-half years.
Dempsey's first conviction was in May 1970, when he was 14 years old. The court heard that none of his convictions were for offences of an aggressive or violent manner.
He is currently in prison for theft convictions and has been in custody since January 2017. He had been scheduled for release next February.
Dempsey lives with his wife, with whom he has five children. The court heard that one of their sons committed suicide in 2008.
In 2014, Dempsey was left with extremely serious head injuries after being attacked in the south inner city.
Mr Spencer said Dempsey had abused both alcohol and drugs in the past but has completely detoxified from drugs and is "seeing things clearly".
Counsel described him as a "decent person at heart" who is "in the right place now to be released into the bosom of his family".
The case has been set for trial four times. The trial date was pushed back twice due to a witness being on holiday and once due to Dempsey's ill health.