'Lookout' in Waterford City vape shop robbery jailed for two years
Sarah Penkert (29), with an address at McGwire House, Bath Street, pleaded guilty to robbery at Smoke City on John’s Street, Waterford City, on April 1, 2024, at a sitting of Waterford Circuit Criminal Court.
A woman has been given a three-year prison sentence with the final year suspended for her role in a robbery at a vape shop in Waterford City.
Sarah Penkert (29), with an address at McGwire House, Bath Street, pleaded guilty to robbery at Smoke City on John’s Street, Waterford City, on April 1, 2024, at a sitting of Waterford Circuit Criminal Court.
Ms Penkert, who acted as "a lookout", was charged with a co-accused Wayne Kenny, who was sentenced to four years and six months with the final year suspended in December.
Under questioning by Conor O’Doherty BL (acting for the state), Garda Detective Lee Harty told the court that an employee of the shop was working alone when Mr Kenny came into the shop, hood up, face covered and with a knife.
Mr Kenny held the knife to the employee's neck and instructed him to open the till, taking approximately €500 before fleeing the scene.
CCTV footage shown in court showed the incident from multiple street views and from inside the shop.
The court saw Ms Penkert waiting outside the shop during the incident and leaving the area just after Mr Kenny, heading in the direction of his address.
Before the incident, the employee had shut the shop briefly to use the bathroom, and CCTV footage showed Ms Penkert checking the locked door.
Following the incident, gardaí found fingerprints belonging to Mr Kenny and searched his house.
They did not find the money in the house, but they did find evidence of drug use.
Ms Penkert was identified from the CCTV and was arrested two days after her partner on April 13, 2024.
Ms Penkert told gardaí she did not know Mr Kenny intended to rob the shop but also did not inform gardaí afterwards.
Detective Garda Harty read aloud the injured party’s victim impact statement onto the court record.
He said it should be noted the statement was prepared for Mr Kenny’s sentencing as the victim was unaware of the presence of Ms Penkert.
In his statement, the victim said the incident had been “deeply distressing”.
As a result, he now suffers from anxiety, depression, an “overwhelming sense of self-harm” and suicidal thoughts.
He wrote that he is now dependent on medication, and while he would like to stop taking it, he feels he “has no choice”.
The victim said he wanted to make his statement so that his “situation is understood”.
He said the incident had left him with a “feeling of helplessness that makes it hard to move forward”.
The court was told that Ms Penkert has three previous convictions, one for possession of a knife and two for theft.
For this offence, three bench warrants had to be issued, and her bail was revoked on the third.
The barrister acting for the defendant, on cross-examination, asked the garda witness if it was fair to say his client had been going through a “turbulent time”, to which the garda agreed.
The court was told that gardaí had found Ms Penkert begging at the Lidl store on the Old Tramore Road and later in her late grandmother’s house.
But she gave the gardaí no trouble when arrested and had pleaded guilty.
However, Judge Eugene O’Kelly said that was for “legal reasons” and not because she was taking any responsibility, as noted in the probation report.
The barrister agreed but said he had made her aware that as this was a “joint enterprise”, she could be held accountable as if she had committed the robbery herself.
But, the barrister said, he did think there were reasons to see Ms Penkert’s role as lesser than her co-accused.
He said this was her first time before the Circuit Court, she had been in active addiction at the time and was homeless.
The barrister described her co-accused as “unsavoury” and suggested the defendant was a victim herself.
“She was a very vulnerable person at the time, judge,” said the barrister.
But, he told the court, she has been doing well in custody and “she is hopeful she can build on that progress”.
Judge O’Kelly described the defendant's probation report as “unsympathetic”, her attitude as “worrying” and her previous engagement with the probation service as “less than satisfactory”.
He said a “significant change” would be required from the defendant, otherwise it would be “difficult to envisage how she can avoid conflict with the gardaí”.
Judge O’Kelly also pointed out issues with her gaining an address.
He said that when she was on bail, she was to be housed, but doubts she has retained her place on the list after going into custody.
Her barrister asked that be taken in mitigation.
Judge O’Kelly did agree that her situation was different from her partner's, although he noted it was clearly a joint enterprise.
He said, therefore, she was at the upper end of the lower range for the offence of robbery.
Taking the impact on the victim into account, the judge set the headline sentence at four years in prison.
But taking her mitigation into account he reduced that sentence to three years.
As the defendant is making progress in custody, Judge O’Kelly suspended the final year on the condition that she comply with the recommendations of the probation service and provide an address.
The judge also backdated the sentence to when Ms Penkert went into custody.
