A Ballybane man who committed the “low trick” of asking a trusting passer-by for the use of an iPhone to make a call and then refused to give it back spent his birthday behind bars after being sentenced to five months in jail for theft and a public order offence.
Charles Laffey, just turned 43, with an address at 295a Castlepark, Ballybane, was brought in custody before Galway District Court on Monday and pleaded guilty to threatening and abusive behaviour, theft, and criminal damage at Eyre Square on May 30, 2009. A charge for being intoxicated in a public place was withdrawn by the State.
Inspector Mick O’Dwyer told the court that at 3.45pm the defendant had asked the injured party for the use of a mobile phone, however he then refused to give it back and ran off. The injured party later spotted Laffey and attempted to take a photograph with his camera for identification purposes when reporting the theft to gardai. When Laffey realised what was happening he grabbed the camera from the injured party and smashed it on the ground. Gardai in the area then approached the defendant and he became very abusive to them.
The court further heard that Laffey has previous convictions for public order offences, theft, tresspassing, assault, and begging.
Defence solictor Olivia Traynor said that her client has no recollection of the incident and has had a “very serious battle with alcoholism”.
“The phone was expensive, an iPhone, they’re worth between €400 and €500,” said Judge Mary Fahy who pointed out that no compensation has been paid and is unlikely to be.
Explaining Laffey’s background, Ms Traynor said that he has had a tough time, that his mother died when he was aged just 13, followed by his father when he was 16 years old, and then his two siblings later died in tragic circumstances.
“It was a very low trick, to ask to borrow someone’s phone, refuse to give it back, and then when the person tries to get a photograph, quite correctly to report to the gardai, he lashes out. I have to impose a custodial sentence,” said Judge Fahy, who convicted Laffey and imposed a five month sentence for the theft and public order charge.
For the criminal damage charge a six month sentence was imposed and suspended for two years on the condition that he enter into a bond of €500 to be of good behaviour and to stay away from Galway city centre during this period.
