Two brothers who attempted to sell three stolen aluminium coils valued at €9,000 to a scrapyard have avoided a jail term.
Judge Martin Nolan said the men, Patrick (27) and Anthony (29) Boyle who were charged with possession of stolen property, had seen only profit after getting “an offer too good to be true.”
The men are not alleged to have been involved in the theft of the aluminium coils.
Sergeant Shane McHugh told Pieter Le Vert BL, prosecuting, that the owner of a scrap metal company became aware that an inexperienced employee had taken in two loads of aluminium. He inspected the material and when he found it to be new, suspected it was stolen.
He watched the CCTV and saw the metal being delivered to the yard and recognised the accused men.
Sgt McHugh the aluminium coils had been stolen and had a value of approximately €9,000. The accused men had been paid €2, 386 in two cheques, which they cashed in a nearby shop.
The metal company alerted the gardai and the Boyles were interviewed. Anthony has 12 previous convictions for offences including theft and road traffic, while Patrick has 5 convictions for theft, road traffic offences and failing to appear.
Patrick and Anthony Boyle both of Cherry Orchard Ave, Ballyfermot, pleaded guilty at Dublin Circuit Criminal Court to possession of three stolen aluminium coils on March 24, 2018.
Keith Spencer BL, defending Patrick, said his client had traded in scrap metal for a long time and should have been more scrutinising about the material. He said there was no suggestion his client was involved in the wider theft of the material
He said his client was upright and honest in all other aspects and is held in high regard in his community. He said when they were made aware that the cheques they cashed in the shop had bounced the men had paid back the shopkeeper. He said his client also had €1,000 in court.
Carol Doherty Bl, defending Anthony, said her client had not benefited financially from the offending and was very sorry for any loss or inconvenience caused. She said he is deeply remorseful and also had €1,000 in court.
She said her client was well regarded within his community and engaged well with young people to encourage them not to go down a nefarious route.
Judge Martin Nolan said he was assuming the person the aluminium was stolen from got it back, that the cheques were cancelled and that the men gave the money back to the shopkeeper.
“It seems at this point, no one has suffered a loss,” he said, adding it was “no thanks” to the men.
He said the Boyles knew exactly what they were doing after getting “an offer too good to be true.”
“They saw a good profit and that's all they saw,” he said.
He noted the men's record was modest and their pleas were valuable. He took into account their remorse and the fact that they had brought €2,000 between them to court.
Judge Nolan imposed a two year sentence on each man which he suspended in full.
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