Courts / Dublin / Report

Raider who fired into pizza restaurant fails in Supreme Court appeal on warrant issue

Summary

Joseph Behan, 46, was convicted by a jury at the Circuit Criminal Court for robbery, attempted robbery, assault causing serious harm, assault causing harm, possession of a firearm and reckless discharging of the firearm after a raid on Mizzoni's Pizza in Raheny on 1 January 2019. He was jailed for 15 years. Behan appealed to the Court of Appeal and then to the Supreme Court, arguing that a search warrant issued for his home was unlawful because the Divisional Detective Superintendent who granted it was not independent of the investigation, as required by Section 29(5) of the 1939 Offences Against the State Act. The Supreme Court dismissed the appeal, ruling that the warrant was lawful and that any error made had no practical effect on the conviction. The court split 3‑2 on the statutory interpretation, but all judges agreed that the conviction should stand. The case was decided on 30 May 2022.

Who, what, where, when and why

What: Report matter: Raider who fired into pizza restaurant fails in Supreme Court appeal on warrant issue. Procedural stage: appeal. Findings: Convicted

When:

• January 1, 2019 Incident
• 2022-05-30 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Theft Violent Crime

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Read the original CNI report