Eamon Murphy’s aggravated burglary appeal dismissed

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Court of Appeal dismissed Eamon Murphy’s appeal against his convictions for aggravated burglary and unlawfully using a mechanically propelled vehicle on 13 October 2016. Mr. Justice Mahon delivered the judgment.

A jury at Longford Circuit Criminal Court convicted Murphy of one count of each offence on 19 February 2015. The aggravated burglary occurred at a home outside Ballymahon, Co Longford, on 3 July 2011.

On 23 October 2015, Murphy was sentenced to 10 years’ imprisonment for aggravated burglary, with the final three years suspended on conditions, and one year’s imprisonment for the vehicle offence. The sentences were ordered to run concurrently.

A DNA sample was taken from Murphy on 22 November 2011. The DPP directed that he be charged on 30 October 2012. He was arrested and charged on 8 January 2013, outside the statutory 12-month period.

His appeal challenged the retention and use of the sample beyond the statutory time limit, arguing that his constitutional rights had been breached.

The court held that the sample was lawfully taken and initially lawfully retained. A DNA match was identified during that lawful period, followed by a direction to prosecute. Its continued retention later became unlawful. However, admitting the evidence remained within the trial judge’s discretion, and her decision was not an error of principle.