Courts / Cork / Report
Serial burglars who targeted elderly couple out at mass bring appeals
Summary
Two Cork men, Niall Fitzpatrick (53) and Jerry O'Leary (62), appealed their seven‑year sentences for a burglary at a home in Charleville on 19 October 2023. The crime, described as carefully planned, targeted an elderly couple who were away at Mass. The men were caught by armed Gardaí after an intelligence‑led investigation. Fitzpatrick had 70 prior convictions, including escape and post office robbery; O'Leary had 48, eight of them burglary. Their counsel argued that mitigating factors such as age, health issues, and the fact that Fitzpatrick had never seen his child due to the pandemic had been insufficiently considered, and that a portion of the sentences should have been suspended to encourage rehabilitation. The Court of Appeal, presiding over the appeal, will decide on Monday. The case highlights the seriousness of the planning and the lack of aggravating factors such as violence or weapons. The appeal is pending. Niall Fitzpatrick pleaded guilty. Jerry O'Leary pleaded guilty.
Who, what, where, when and why
What: Report matter: Serial burglars who targeted elderly couple out at mass bring appeals. Charges or matters: the burglary at Kilberehert, Freemount, Charleville on October 19th last year. Procedural stage: appeal
When:
- October 19th Incident
- 2020-12-17 Publication
Why: She submitted that the judge had found that because Fitzpatrick was in his 50s, he couldn't rehabilitate. CNI source report
Case subjects
Defendant
Charges: the burglary at Kilberehert, Freemount, Charleville on October 19th last year (Admitted)
Plea: Guilty
Defendant
Charges: the burglary at Kilberehert, Freemount, Charleville on October 19th last year (Admitted)
Plea: Guilty
Outcome: She submitted that the judge had found that because Fitzpatrick was in his 50s, he couldn't rehabilitate. "I submit that just because he's 53 does not mean he cannot rehabilitate," she said. "He's fit." Ms McCarthy said that too light of a discount had been given for his mitigating factors, and that this was compounded by not suspending any portion of the sentence to incentivise rehabilitation.
Places mentioned
- Cork City
- Brandon Crescent
- Cork
- Cork Circuit Criminal Court
- Court of Appeal
Topics
Burglary Stage Appeal Theft Violent Crime
Related court reports
- City burglars who targeted elderly couple out at mass have sentences upheld
- Serial sex attacker sent back to jail for drinking "to excess"
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request