Courts / Dublin / Report
No retrial for homeless man found in solicitor's office
Summary
In 2017, 41‑year‑old Robert Kane was convicted of burglary and criminal damage at Patrick Morrissey and Co Solicitors in Dun Laoghaire. He denied the offences, claiming he was homeless and seeking a place to sleep. The jury found him guilty and sentenced him to three years' imprisonment, with the final six months suspended. In May 2019 the Court of Appeal quashed Kane's conviction because the trial judge failed to adequately explain the defence case to the jury, particularly the claim that Kane was homeless and that no items were taken. The appeal also highlighted problems with the police interview process, including attempts to interview Kane while handcuffed and without his solicitor present. Lawyers for the DPP confirmed that no retrial was being sought. Kane had already served his sentence when the conviction was overturned. The Court of Appeal allowed the appeal and no retrial will be pursued.
Who, what, where, when and why
What: Report matter: No retrial for homeless man found in solicitor's office. Procedural stage: appeal. Findings: Found guilty
When:
- February 3, 2017 Incident
- June 22, 2017 Hearing Or Sentence
- 2019-05-17 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. Kane had served his sentence by the time his conviction was quashed.
Places mentioned
- Dominick Street
- Crofton Road
- Dublin
- Dublin Circuit Criminal Court
- Court of Appeal
- brought to Dun Laoghaire Garda Station
Topics
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