Courts / Dublin / Report

Violent burglar who claimed he was never inside victim's home loses appeal

Date
2016-12-20

Stage
Appeal

Court
Clonmel Circuit Criminal Court

Primary locality
Dublin

County
Dublin

Summary

The Court of Appeal has dismissed the appeal against conviction lodged by Duku Popovici, a 43-year-old Romanian national from Cabra Park, Dublin 7. Popovici had pleaded not guilty to aggravated burglary at the home of James and Sarah Quigley in Carrick-on-Suir, Co Tipperary, on September 26, 2013. He was previously found guilty by a jury at Clonmel Circuit Criminal Court and sentenced to 12 years imprisonment, with the final two years suspended, by Judge Tom Teehan on July 23, 2015. During the appeal, Popovici's legal team argued that the trial judge failed to properly direct the jury on the lesser charge of attempted burglary, asserting that the defence case was that Popovici was never inside the house. However, Mr Justice Garrett Sheehan, sitting with Mr Justice George Birmingham and Mr Justice Alan Mahon, rejected this argument. The court noted that the trial judge's charge was succinct and that it would have been perverse not to convict of attempted burglary if the jury were not satisfied of aggravated burglary. The appeal was dismissed on all grounds, upholding the original conviction and sentence.

Who, what, where, when and why

What: Report matter: Violent burglar who claimed he was never inside victim's home loses appeal. Charges or matters: aggravated burglary at the home of James and Sarah Quigley in a remote location at Carrick-on-Suir, Co Tipperary on September 26, 2013. Procedural stage: appeal. Findings: Found guilty

When:

September 26, 2013 Incident
July 23, 2015 Hearing Or Sentence
2016-12-20 Publication

Why: Upon shouting at the men to establish the reason for their presence, Mr Quigley said Popovici, who was armed with some sort of adjustable spanner, had said 'get back or I'll stick this in you'. CNI source report

Case subjects

Duku Popovici

Appellant

Charges: aggravated burglary at the home of James and Sarah Quigley in a remote location at Carrick-on-Suir, Co Tipperary on September 26, 2013 (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; Popovici was found guilty by a jury at Clonmel Circuit Criminal Court and sentenced to 12 years imprisonment with the final two suspended by Judge Tom Teehan on July 23, 2015.