Courts / Dublin / Report

Burglar who rang phone he left at scene fails in appeal

Summary

A burglar was caught after he rang a phone he had left at a Dublin suburb burglary scene. Garda Stephen White answered the phone, which was covered in glass, and arranged a meeting with the owner, David Lynch, who was 50. White met Lynch in plain clothes at the Molly Malone statue, and Lynch was found to be carrying a knife. Lynch was arrested and later convicted of possession of a knife, burglary, criminal damage and obstruction of a peace officer. He was sentenced to three years and three months in prison. The appellant appealed, arguing that White had failed to identify himself as a Garda and had not cautioned him. The Court of Appeal dismissed the appeal, finding no error in the trial judge's ruling and that White was entitled to ask questions and arrest Lynch when he identified the phone as his own.

Who, what, where, when and why

What: Report matter: Burglar who rang phone he left at scene fails in appeal. Procedural stage: appeal

When:

• January 26, 2019 Incident
• 2022-11-14 Publication

Why: "Did he not caution him because he didn't want to discourage him from making an admission? CNI source report

Places mentioned

Topics

Burglary Stage Appeal

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Read the original CNI report