A convicted sex offender who breached an order not to use public transport has been jailed for 12 months.
Anthony Goodman (78), of no fixed abode, was found guilty of contravening a sex offender order on January 13th, 2020, following a trial at Dublin Circuit Criminal Court.
Goodman has 213 previous convictions for sexual assault, indecency, breaches of a sex offender order, burglary, arson and threats to kill. He is currently serving a sentence on another matter.
Detective Garda Fergus Grant told Edward Doocey BL, prosecuting on Friday, that a sex offender order was issued in August 2017 against Goodman and its conditions prohibited him from getting onto public transport or using a shared means of private transport without prior notice to gardaí.
Det Gda Grant said he was travelling on a Luas on the morning in question when he recognised Goodman stepping onto the tram at the Smithfield stop.
The witness said he was aware of the sex offender order against Goodman so he approached the accused and identified himself as a member of An Garda Síochána.
He asked Goodman to step off the tram, and they spoke on the platform. When asked if he had permission to use the Luas, Goodman replied: “Give me a chance, let me do it this time. I won't do it again.”
Det Gda Grant noted his answer and told Goodman to leave the area, which he did. The garda later conducted a search on the Pulse system and found no record of Goodman seeking permission to use the Luas.
Goodman was arrested by appointment and made some admissions during interview including that he was aware the sex offender order prohibited him from using the Luas without prior authorisation.
'Taking a chance'
Goodman told gardaí that he decided to “take a chance” and said, “well, I'm guilty of that sort of thing”.
Det Gda Grant agreed with defence counsel that his client is “old and frail” and was living in a hostel at the time of this offence. It was further agreed that Goodman is originally from the United Kingdom and is married.
Defence counsel asked the court to take into account the defence's approach during the trial. He noted Goodman's “very large” number of previous convictions.
He said his client has “run out of road” and realises he must comply with orders.
“It is difficult to say why he keeps doing it. I don't think he has the answer. He has realised very belatedly that he can't do it anymore.”
He noted that his client is currently serving a sentence and his earliest release date is March 2024.
Judge Dara Hayes noted that while the mitigation of a guilty plea is not available to Goodman, he would take into account that the defence did not challenge evidence of the order or carry out a cross-examination.
He said while Goodman did not travel on the Luas, he intended to and would have done so without the intervention of the garda. He commended Det Gda Grant for his “vigilance” in this instance.
Judge Hayes noted the mitigating factors including Goodman's age and his co-operation with gardaí. He noted Goodman's “significant record of offending” included a number of breaches of a sex offender order.
Setting a headline sentence of 14 months, Judge Hayes said the court would have set a longer headline sentence for a younger man. He imposed a 12-month prison sentence and directed that Goodman receive any credit for time served on this matter.
