Courts / Limerick / Report

Gunman who fired shots into cousin's home as infants slept fails in appeal

Summary

Larry O'Connor has failed in his appeal against his conviction for shooting at his cousin's house. The 40-year-old, of Ballykisteen, County Tipperary, was convicted by a jury on all six counts, including recklessly discharging a firearm, possession of a firearm and ammunition, aggravated burglary, and criminal damage, after pleading not guilty. He was sentenced to 12 years' imprisonment in May 2022. O'Connor appealed on the ground that the trial judge erred in permitting prejudicial background evidence regarding a supposed feud. The Court of Appeal, led by Mr Justice George Birmingham, dismissed the application, stating the court was not persuaded the trial was unsatisfactory or the verdict unsafe. The court noted that motive is circumstantial evidence for the jury to weigh, especially where witnesses were well acquainted with the accused. During the incident in July 2019, O'Connor fired four shots into the home of his cousin, Danny Harty, where Harty, his partner, and infant twins were sleeping. His brother, Daniel O'Connor, of Limerick, who drove him to the scene, pleaded guilty to burglary with intent to commit reckless discharge of a firearm. Daniel O'Connor was jailed for seven years, with the final year suspended. The matter was not adjourned; the appeal was dismissed.

Who, what, where, when and why

What: Report matter: Gunman who fired shots into cousin's home as infants slept fails in appeal. Charges or matters: shooting at his cousin's house after pleading not guilty to six charges related to the incident; recklessly discharging a firearm, possession of a firearm and ammunition, aggravated burglary and criminal damage but was convicted by a jury on all counts after a two-week trial; one count of burglary with intent to commit the reckless discharge of a firearm during the early stages of the trial. Procedural stage: appeal. Findings: Convicted

When:

• July 13, 2019 Incident
• 2023-07-11 Publication

Why: In dismissing the application, the court noted that where the identity of a perpetrator is an issue, the presence or absence of a motive would be a matter for the consideration of the jury. CNI source report

Case subjects

Places mentioned

Topics

Burglary Stage Appeal

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Read the original CNI report