Naas Judge slams act that doesn't allow him impose sentence on man who Garda says was 'purporting' to be raising funds for charity

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Naas Judge slams act that doesn't allow him impose sentence on man who Garda says was 'purporting' to be raising funds for charity
20:12 Friday 16th of November 2018

A man charged for  raising funds for a Co Kildare charity without a licence and identification appeared before Naas District Court.

The 42-year-old man who the court heard is based in Athy, was charged with not having authority to carry out fundraising and not having a licence, at Newbridge,  under the Houses and Street Collections Act, on September 1, 2018.

Sgt Brian Jacob told the court how the accused was 'purporting' to be collecting money for a Co Kildare charity.

Judge Desmond Zaidan said: "He hoodwinked the public."

The court heard how the accused had €39.90 in his possession when stopped by Gardaí.

Judge Zaidan said: "It does not get as low as this."

Defence Solicitor, Timmy Kennelly, argued that the accused says that he was collecting as he knew the family behind the cause.

Sgt Brian Jacob said: "I don't accept this."

The court heard how he had 15 previous convictions including  no insurance, not having a driving licence, public order and theft.

Mr Kennelly said : "He spent time in custody for another offence and that had a big effect on him. I would be very surprised that he would go out and commit this offence. He has been of really good behaviour since this."

The court heard how the accused has issues with alcohol.

Mr Kennelly said: "There is remorse."

Mr Kennelly asked if the accused could carry out 240 hours community service.

However, Sgt Brian Jacob said that under the law there is no custodial sentence for this type of offence.

Sgt Jacob asked that €39.90 is paid to St Vincent de Paul.

Judge Zaidan said; "This is awful stuff, because of a act over 50 years ago. I don't have the power to impose a custodial sentence."

A 12 months Probation Bond has been imposed on the accused.

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