A Keady man has been given a six month jail term after opting to have a range of offences committed on different dates dealt with without a pre-sentence report.
This came after the district judge warned the 30-year-old’s barrister: “It is important that he knows that there is an inevitable conclusion unless probation offers an alternative.”
Dean Kevin Mallon, of Fairgreen Avenue, appeared for sentencing on charges of making off without paying, resisting police, disorderly behaviour and criminal damage at Armagh Magistrates’ Court on Tuesday.
Defence barrister John McCann said: “There is only a letter from probation as Mr Mallon failed to attend an appointment but he is eager to have matters dealt with today.”
District Judge Alan White stated: “He is subject to a nine month suspended sentence. It seems to be a case for a pre-sentence report.
“It is important that he knows that there is an inevitable conclusion unless probation offers an alternative.”
After speaking to his client, Mr McCann confirmed that the defendant still wanted to be sentenced without a report.
Prosecution outlined that the offences were accrued by Mallon over three separate incidents.
On December 8, 2018, police were called to a disturbance regarding two individuals at St Matthew’s Estate, Keady.
Upon arriving, officers observed the defendant topless running about the road shouting. This continued despite him being warned.
This behaviour was viewed as disorderly and as police attempted to arrest Mallon he resisted.
On September 21, last year, at 8pm, police were contacted by a taxi driver who reported that he had driven a male and female from an address in Keady to Armagh.
Court was told that upon arriving at the destination, both individuals got out of the car and left without paying for the £15 fare.
The taxi driver identified the male as the defendant and he was located and arrested by police a short time later.
During interview at Dungannon Custody Suite, Mallon said he did not have the money for the taxi and claimed he believed the female, who he did not name, was paying for it.
Then on September 23, at 10.30pm, G4S staff called at the defendant’s home after an electronic tag, which had been placed on him, was showing no signal indicating it was not present.
They spoke to Mallon who said that the tag must have fallen off two days previously. He claimed not to know how this happened or where the tag was.
On the next day, police conducted a bail check to find that the defendant was not present at his address. He was later located on College Street, Armagh, and was arrested for criminal damage.
During interview, Mallon denied the offence claiming the tag had fallen off and he could not recall when.
Mr McCann stated: “Dealing with the making off without paying, he travelled to Armagh with the unnamed female friend. He had no money and thought she was going to pay for the fare.
“This was backed up by the taxi driver but Mr Mallon accepts he availed of a service he did not pay for and would now be able to offer full restitution of £15.”
He continued: “In terms of the resisting and disorderly, on the night in question he was quite intoxicated. This was evident in the way he was dressed. What started as social drinks turned into too many.
“Police arrived to a report of an unrelated disturbance. He reacted in a raucous manner and accepts that when police arrested him he strained.”
Mr McCann stated: “With the criminal damage, at the time he had consumed alcohol and was on medication. His memory is not clear on why he removed or damaged the tag.
“He has no record for resisting arrest. His last disorderly behaviour was in 2007, when he was 18-years-old. Your worship alludes to the suspended sentence but I ask that you see the gap in his offending.”
He added: “His last theft was in 2010. Given the low value he is prepared to pay restitution and ask that your worship stays your hand in sentencing him.”
District Judge Alan White said: “I couldn’t have made it any clearer from the outset what my view is.”
Mr McCann stated: “He was arrested on September 24, he spent the equivalent of a six month sentence on remand in custody.
“He has since been released and there have been no other incidents since.”
District Judge White commented: “Given that he has some time on remand, I can now understand why he does not want a pre-sentence report but the refusal of one leaves him with the inevitable result of custody.”
Mallon was sentenced to a total of six months in prison for the offences before the court.
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