Judge Turns Down Westmeath Man's Offer To Be Sent To Prison

He had previously been given a three-month sentence for the theft of petrol from a filling station.

A Circuit Court judge has turned down a Westmeath man's offer to be sent to prison for theft. 

Stephen King, aged 40 and with an address at 1 Ashcroft Park, Raharney, Co Westmeath, appeared at Tullamore Circuit Court where he was scheduled to appeal against a prison sentence imposed on him in the District Court.

Mr King had previously been given a three-month sentence for the theft of petrol from the Circle K filling station in Kilbeggan on November 7th last year.

He had also been convicted of dangerous driving at Tullamore Road, Kilbeggan and the court heard he put petrol in a five-gallon drum, put the drum in the boot of his Ford Fiesta, and then drove away, despite the owner of the filling station standing in front of him.

The other man had to jump out of the way but he followed the Fiesta onto the motorway and Mr King was eventually caught by the gardaí.

Mr King said he was homeless at the time and didn't have money for petrol, was paranoid and wasn't getting any sleep.

He said he had done wrong and had come to court to drop the appeal and serve his sentence.

Judge Johnson said it appeared to him there was an issue with homelessness and was concerned that was why he wished to go to prison. He said the man should get legal advice.

Barrister Stephen Byrne after taking instructions from the man, said he believed the appellant was particularly vulnerable and at the time of the offence was in a state of paranoia and depression.

He had been homeless and was living in his car but now hoped to be housed by the Father Peter McVerry Trust which had received an application from him.

Mr King told the court himself that he was in receipt of disability and for the purposes of receiving payments he would use his parents' address. Though he got along with them, they could not live together.

He said he knew a woman who might be prepared to take him in until he was sorted out by the McVerry Trust. Mr King also said he would pay the filling station owner back.

Judge Johnson adjourned the appeal to Friday, March 6th for the payment of €35 compensation and for confirmation that Mr King is on the Father McVerry Trust waiting list.

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