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Man who claimed he was homeless has burglary conviction quashed
Summary
In 2019 the Court of Appeal quashed the burglary and criminal damage conviction of Robert Kane, 41, who had been found guilty at the Dublin Circuit Criminal Court and sentenced to three years' imprisonment with the final six months suspended. Kane had claimed he was homeless and was looking for a place to sleep when he was arrested at Patrick Morrissey and Co Solicitors in Dun Laoghaire on 3 February 2017. The appeal was based on the trial judge's instructions to the jury, which the Court of Appeal said failed to adequately explain Kane's defence and may have misled the jury. The judge had not mentioned key elements of the defence, such as the possibility of another intruder and the lack of any items taken. The Court of Appeal allowed the appeal and referred the case back for the Director of Public Prosecutions to decide whether to seek a retrial.
Who, what, where, when and why
What: Report matter: Man who claimed he was homeless has burglary conviction quashed. Procedural stage: appeal. Findings: Found guilty
When:
- February 3, 2017 Incident
- June 22, 2017 Hearing Or Sentence
- 2019-05-08 Publication
Why: The prosecution argued that it was not necessary to adduce any evidence concerning the interviews, because no substantive interview had in fact taken place. Prosecution account reported by CNI
Case subjects
Appellant
Finding: Found guilty
Outcome: Found guilty; Kane was found guilty by a jury at Dublin Circuit Criminal Court and sentenced to three years imprisonment with the final six months suspended on June 22, 2017.; The case was put back to allow the DPP consider whether a retrial will be sought.
Places mentioned
- Court of Appeal
- Dublin
- Dublin Circuit Criminal Court
- Dominick Street
- Crofton Road
- brought to Dun Laoghaire Garda Station
Topics
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