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Arsonist claims victim's decision to re-enter home 'breaks chain of causation'

Summary

Dean Boland, aged 37, was convicted of unlawfully killing Ohari Viera, who was living in an upstairs apartment of a Dublin residential property, after Boland broke into the downstairs apartment, stole a rucksack and set the building on fire on 21 August 2018. Viera and two other men evacuated safely when the fire started. Viera later returned to the burning building for an unknown reason and did not survive. Boland was sentenced to eight years in prison in December 2022. In an appeal, Boland's counsel argued that Viera's voluntary decision to re-enter the blaze broke the chain of causation, thereby negating Boland's culpability. The Court of Appeal noted that causation is a jury matter and that the fire was the substantial cause of Viera's death, with the decision to re-enter being a matter for the jury to decide. The appeal judgment was reserved. Dean Boland pleaded not guilty.

Who, what, where, when and why

What: Report matter: Arsonist claims victim's decision to re-enter home 'breaks chain of causation'. Charges or matters: the offences and was sentenced to eight years in prison. Procedural stage: appeal. Findings: Convicted

When:

• December 2022 Incident
• August 21, 2018 Incident
• 2025-05-26 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report