Courts / Dublin / Report

Storm Emma looter must stay 'on the straight and narrow'

Date
2021-03-04
Stage
Appeal
Primary locality
Tallaght
County
Dublin

Summary

David Berney, a 39‑year‑old from Tallaght, was convicted of looting a Centra store in Jobstown during Storm Emma in March 2018. He pleaded guilty and received an 18‑month suspended sentence, which the Court of Appeal later deemed unduly lenient. The court set a three‑year term but suspended the entire period, subject to conditions such as maintaining employment and engaging with probation services if he loses his job. The suspension was back‑dated to November 2019. Berney also faced a separate 2014 burglary of a private home, for which he received a two‑year sentence and an additional 18‑month suspended term, contingent on staying out of trouble and participating in addiction and reintegration services. The Director of Public Prosecutions appealed the original sentence, arguing it was too lenient. The court warned that if Berney fails to stay "on the straight and narrow," he will be sent to prison.

Who, what, where, when and why

What: Report matter: Storm Emma looter must stay 'on the straight and narrow'. Charges or matters: both offences and Judge Quinn imposed a two-year sentence for the 2014 burglary. Procedural stage: appeal

When:

Why: He said because of the severe weather, officers travelled to the shop in an official jeep. CNI source report

Case subjects

David Berney

Appellant

Charges: both offences and Judge Quinn imposed a two-year sentence for the 2014 burglary (Admitted)

Plea: Guilty

Outcome: President of the Court of Appeal Mr Justice George Birmingham said Berney has the suspended sentence "hanging over his head." He added: "Having got himself on the straight and narrow he must stay there and if he lets matters slip he will be in a very serious situation." At Berney's sentence hearing his barrister Eoin Lawlor BL said Berney was, like many people, reminded of his childhood by the heavy snowfall. "But unlike others he was high on cocaine at the time," counsel told Judge Cormac Quinn. He pleaded guilty to both offences and Judge Quinn imposed a two-year sentence for the 2014 burglary.

Places mentioned

Court Venue
  • Court of Appeal
Residence
Secondary Mention

Topics

Burglary Stage Appeal

Related court reports

Read the original CNI report

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