Sunday 21 October 2018

'Experienced burglar' facing extra jail time after prosecutors appeal 'unduly lenient' sentence

(stock photo)
(stock photo)

Ruaidhrí Giblin

An “experienced burglar” is facing extra jail time on foot of an appeal by prosecutors.

Martin O'Brien (31), from Coolevin, Balybrack, Co Dublin, had pleaded guilty at Dublin Circuit Criminal Court to burglary at the home of an 85-year-old man at Glenageary Woods on August 5. 2013.

He was given a wholly suspended four year sentence by Judge Mary Ellen Ring in January 2015.

O'Brien subsequently pleaded guilty to committing another burglary in the capital 18 months into his suspended sentence. He was given a three year sentence with the final two suspended by Judge Pauline Codd on February 20, 2017.

The Director of Public Prosecutions are seeking a review of O'Brien's 12 month jail term on grounds that it is “unduly lenient”.

Counsel for the DPP, James Dwyer BL, told the Court of Appeal today that O'Brien was an “experienced burglar” and his multiple previous convictions for burglary should have amounted to an aggravating factor.

Mr Dwyer said O'Brien's guilty plea was overvalued given the strength of the evidence against him and much emphasis had been placed on the steps he had taken towards rehabilitation. However, he said O'Brien had been given a chance previously and had not taken it.

Mr Justice John Edwards, who sat with Mr Justice John Hedigan and Ms Justice Máire Whelan, said the court would deliver judgment on Tuesday next.

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