Teen who was 'abandoned by the State' spared criminal record for arson at care home

Tom Tuite

A judge has said a troubled teenager was "abandoned by the State" as he spared him a sentence and a criminal record for arson in a children's care home.

The 15-year-old boy, who cannot be named because he has the legal right to anonymity, pleaded guilty at Dublin Children's Court to causing criminal damage at a Tusla property in Tallaght on February 27th last year.

He also admitted unlawfully carrying two small knives on another date, following an incident in which a knife was pulled on a shop security man.

Garda Shane Kenna told Judge Paul Kelly on Thursday that the boy, then 14, caused €500 worth of damage when he set fire to a couch and curtain in his care home placement.

The boy had been left without a criminal record a few months ago for public order offences.

Pleading for leniency, defence solicitor Eoghan O'Sullivan said the knife and fire-related charges could have been included if they had been before the court by that stage.

The boy had been placed in secure care at Crannog Nua, a secure therapeutic facility in Dublin, where children are held by order of the High Court for their own safety, care and welfare.

However, the solicitor explained that this followed proceedings that went as far as the Supreme Court last year and were featured in the news media, and Judge Kelly remarked that the boy "had been abandoned by the State.

The court heard that since entering secure care, the teenager has been attending school, including woodwork lessons, which care staff believed would help him to go on and learn a trade.

Mr O'Sullivan said the boy had been getting on well in the facility; positive updates on his progress had also been furnished to the court by his care team.

Judge Kelly also heard the boy maintained some contact with one of his parents, who visits fortnightly and engages in "joint work" with a psychologist.

The sentencing hearing was told the boy would like to go home, "but that is not an option".

The defence solicitor addressed that by saying the care facility was working on it with the teenager to develop an understanding of that situation.

Mr O'Sullivan said the teenager was anxious to move on but needed to go to a stable place, and a plan had to be implemented.

The garda witness also agreed with the defence solicitor that the knives were not large weapons like machetes but small blades bought in a discount shop.

The judge noted that the teenager still had two charges due to come before the court later for failing to give gardai his name and production of articles during an alleged crime.

Asked if he wished to say anything, the boy replied, "No".

Describing the teen as an "unfortunate young man", Judge Kelly, the District Court President, said the boy was "effectively abandoned by the State for a considerable period of time and did not receive intervention and services he should have despite interventions made by the court."

Finalising the case, he applied the Probation of Offenders Act, leaving the teenager without a recorded conviction.