Courts / Kilkenny / Report

Stables burglar caught red handed as owner was on couch minding mare in foal

Date
2020-06-29
Stage
Appeal
Primary locality
Kilkenny
County
Kilkenny

Summary

In a burglary of stables outside Mullinahone, Co. Tipperary, 27‑year‑old Owen Kirwan and two others entered a tack room where horse owner Miguel Gunn was lying on a couch with a mare in foal. Kirwan was caught "red‑handed" by Gunn, who had a pitchfork for self‑defence. Kirwan threatened that "20 lads" would return to "burn you out" if he was not let go, and later admitted the offence after a voicemail recording was played. He had pleaded guilty to burglary and threat to damage property. Judge Tom Teehan at Clonmel Circuit Court imposed a seven‑year sentence, with two and a half years suspended. Kirwan appealed to the Court of Appeal, arguing the sentence was disproportionate, but the appeal was dismissed by Justice Patrick McCarthy, Court President George Birmingham and Justice Isobel Kennedy. The appeal was refused.

Who, what, where, when and why

What: Report matter: Stables burglar caught red handed as owner was on couch minding mare in foal. Charges or matters: burglary and threat to damage property at Mr Gunn's stables outside Mullinahone in Co. Procedural stage: appeal

When:

Case subjects

Owen Kirwan

Defendant

Charges: burglary and threat to damage property at Mr Gunn's stables outside Mullinahone in Co (Admitted)

Plea: Guilty

Outcome: Judge Tom Teehan sentenced him at Clonmel Circuit Court last year. Justice Patrick McCarthy, sitting with Court President George Birmingham and Justice Isobel Kennedy, refused Kirwan's application. "We think he took into account all relevant aggravating and mitigating factors," he said. "The reduction was generous as the appellant was caught red-handed," he added, referring to the suspended portion of the sentence.

Places mentioned

Residence
  • De La Salle Place
Court Venue
  • Clonmel
  • Clonmel Circuit Court
  • Court of Appeal

Topics

Burglary Stage Appeal

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