A burglar who was convicted of trespassing while possessing a large bolt cutters has failed in an appeal against the severity of his sentence, with the judge noting that the defendant had “been around the block”.
Judge Deirdre Browne said that Mark Duffy (44) was “well aware of what he was doing” when she affirmed his original sentencing of 12 months in custody.
Duffy, with an address at Drumalee Drive, Dublin 7, had pleaded not guilty in the District Court to burglary contrary to section 12 (1b)(3) of the Criminal Justice (Theft and Fraud Offences) Act, 2001.
He also contested the charges of trespassing on the curtilage of a building, the possession of stolen property and the possession of certain articles.
Duffy was convicted and sentenced to nine months imprisonment for the burglary charge and six months consecutive to that for the trespassing charge, with the final three months suspended. The other matters were taken into consideration. Duffy later lodged an appeal against the severity of his sentence.
Detective Garda Neil Cepeda told the District Court Appeals Court on Wednesday that on March 22, 2024, gardai on patrol got a report of a man going door to door with a tool and a face covering.
He said that gardai saw the man approach a house on Drumalee Road, Dublin 7 and the occupants opened the door with a hurley.
The witness said that gardai asked what he was doing at the address and he was found to be in possession of large bolt cutters.
Duffy was charged with trespassing in such a manner that caused or was likely to cause fear in another person. He was also charged with carrying a bag containing tools and motor accessories knowing that the property was stolen or being reckless as to whether it was stolen.
In addition, he was charged with having large bolt cutters in his possession with the intention for it to be used in connection with theft.
Det Garda Cepeda also told the court that he responded to a report of a burglary on November 5, 2024 at Blessington Lane, Dublin 7.
He said that the injured party told him that a man had called over looking to get his bag back. He said that the man told him where it was and that the injured party retrieved the bag and handed it back.
Det Garda Cepeda said that the injured party had asked the man why the bag was in his house and the man took the bag.
He said that the injured party then checked his house to see if anything was missing, only to discover that a car key and a silver Seiko watch had been stolen.
The witness said that Duffy was identified on CCTV but made no admissions to gardai.
Det Garda Cepeda said that the stolen watch had great sentimental value to the injured party as it had been owned by his grandfather.
Det Garda Cepeda told the court that Duffy has 43 previous convictions, including those for theft, burglary and criminal damage.
Defence counsel for Duffy, Lydia Daly BL, said that her client had developed a drug habit at the age of 17 and that he had used heroin, crack cocaine and tablets in the past.
She said that Duffy has been clean of drugs since going into custody for another matter and that he has stable accommodation arranged for his release.
Ms Daly said that there was no violence in relation to the incidents and asked the judge to consider suspending a higher portion of his sentence than what had already been suspended in the District Court.
She said that Duffy does apologise for his actions and that he was in the depths of drug addiction at the time.
Judge Deirdre Browne found that the original trial judge had “considered matters very thoroughly”.
She said that Duffy is a man who has “been around the block” and that he was “well aware of what he was doing”.
Judge Browne said she appreciated that Duffy “has his own demons” and was dealing with that, but that one of the incidents involved encroaching on the safety of others.
She said that in the circumstances, she thought the District Court order was “carefully thought through and structured” and decided to affirm the order.