Courts / Cork / Report
City burglars who targeted elderly couple out at mass have sentences upheld
Summary
Two burglars, Niall Fitzpatrick (53) and Jerry O'Leary (62), were convicted of a carefully planned burglary at Kilberehert, Freemount, Charleville on 19 October 2023. They targeted the home of a couple in their late 80s who were out attending Mass. The crime involved hiring cars, changing drivers, altering clothes, hiding in woods and staked‑out surveillance over two days. Both received seven‑year sentences at Cork Circuit Criminal Court. Their appeals to the Court of Appeal were dismissed. The court noted the planning, the number of offenders, the rural target and the vulnerability of the occupants as aggravating factors. It found no error in principle and stated that the judge was not obliged to suspend any portion of the sentences. The appeals were therefore rejected, leaving the seven‑year terms in place. Niall Fitzpatrick pleaded guilty. Jerry O'Leary pleaded guilty.
Who, what, where, when and why
What: Report matter: City burglars who targeted elderly couple out at mass have sentences upheld. Charges or matters: the burglary at Kilberehert, Freemount, Charleville on October 19th last year. Procedural stage: appeal
When:
- October 19th Incident
- 2020-12-21 Publication
Why: Counsel 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: Counsel 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 mitigating factors in favour of Fitzpatrick and that this was compounded by the judge 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
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