A 75-year-old man with 391 previous convictions has been sentenced to nine months in prison for engaging in offensive conduct of a sexual nature with a teenage boy.
Dublin Circuit Criminal Court heard that Patrick McCann (75) of no fixed abode pleaded guilty to intentionally engaging in offensive conduct of a sexual nature at Applegreen petrol station, Stillorgan Rd, Co Dublin, on March 23rd, 2023.
He has 391 previous convictions, dating back to the 1960s. His convictions include two for rape, four for sexual assault and five for breaching the Sex Offenders Act.
Passing sentence on Friday, Judge Pauline Codd said the defendant made verbal remarks to a 15-year-old boy which were of a sexual nature.
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“This would have been uncomfortable and alarming to anyone, not to mention a young boy,” she said.
Judge Codd noted McCann’s vast number of previous convictions with 11 offences of a sexual nature, which she said aggravated the offending conduct. She said the boy was alone at the time of the offence, which was also aggravating. She placed the offence in the mid-range of offending.
The judge said the mitigating factors in this case were the defendant’s early guilty plea, his personal circumstances, his addiction to alcohol, that he has been homeless for a very long period of time and has suffered adversity in life, which was outlined in the probation report.
Judge Codd sentenced him to nine months in prison and backdated it to when he went into custody on this matter.
Garda Stephen Beirne told Diane Stuart, BL, prosecuting, that the defendant approached the teenager who was waiting for a lift at the Applegreen petrol station on Stillorgan Road on the date in question.
Garda Beirne said McCann asked the boy a number of questions, including as to whether he was a virgin. He also told him he was a “handsome boy”.
The court heard that the boy told his mother what had happened and gardaí were contacted. CCTV from the petrol station was obtained and McCann was identified. He was arrested, cautioned and was unhelpful to gardaí.
The boy’s mother said she did not wish for her son to make a victim impact statement as she did not want him to have to go through the events again.
Garda Beirne agreed with Michael Horrigan, BL, defending, that his client states he was drunk at the time of the incident and does not remember it. The garda agreed with counsel that the guilty plea was of value to the injured party in this case, and that some of McCann’s previous convictions go back to the 1960s.
Mr Horrigan said his client is 75 and has significant health issues. Counsel said there was a probation report before the court which outlined his client’s difficult life, including the violent death of his wife 20 years ago.
He said McCann had a difficult upbringing and had been in several institutions growing up. He asked the court to have regard to his difficult circumstances.
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