Courts / Dublin / Report

No extra jail time for serial burglar who broke in to home of judge's widow

Date
2018-01-16
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

Martin O'Brien, 31, from Coolevin, Balybrack, was convicted of burglary at the home of Mrs Marian Shanley, widow of the late High Court judge Peter Shanley, on 31 August 2016. He had been serving a four‑year suspended sentence for a 2013 burglary of an 85‑year‑old man's home. On 20 February 2017, Judge Pauline Codd sentenced him to three years' imprisonment, with the final two years suspended, for the Shanley burglary. The Court of Appeal dismissed the Director of Public Prosecutions' appeal that the sentence was "unduly lenient", holding that it was not so far outside the norm. O'Brien had 103 prior convictions, including six for burglary, and had previously been employed as a groundsperson at Leopardstown Racecourse. He had struggled with heroin addiction and mental health issues, but had detoxified and entered a residential drug treatment programme before the trial. Martin O'Brien pleaded guilty.

Who, what, where, when and why

What: Report matter: No extra jail time for serial burglar who broke in to home of judge's widow. Charges or matters: burglary at the home of Mrs Marian Shanley, widow of the late High Court judge Mr Justice Peter Shanley, at Marlborugh Road, Glenageary on August 31, 2016. Procedural stage: appeal

When:

Case subjects

Martin O'Brien

Appellant

Charges: burglary at the home of Mrs Marian Shanley, widow of the late High Court judge Mr Justice Peter Shanley, at Marlborugh Road, Glenageary on August 31, 2016 (Admitted)

Plea: Guilty

Outcome: O'Brien had been given a four year suspended sentence by Judge Mary Ellen Ring for the burglary of an 85-year-old-man's home at Glenageary Woods in August, 2013. Judge Pauline Codd sentenced O'Brien to three years imprisonment with the final two suspended for the burglary of Ms Shanley's home on February 20, 2017.

Places mentioned

Court Venue
  • High Court
  • Dublin
  • Dublin Circuit Criminal Court
  • Court of Appeal
Residence
Incident
  • Marlborugh Road

Topics

Burglary Drugs Stage Appeal

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