Court hears man with 38 previous burglary convictions used the DART and LUAS to “case” homes

By Ruaidhrí Giblin

A man with 38 previous convictions for burglary, who told gardai he used the DART and LUAS to “case” homes in Dublin he would later break into, has had his 14-week jail term increased to two years and three months by the Court of Appeal.

Joseph Shannon (46) with an address on Manor Street, Dublin 7, had pleaded guilty to eight burglaries in the capital on a series of dates between April and August 2014.

He was given a three-year sentence, with all but 14 weeks spent on remand suspended, at Dublin Circuit Criminal Court by Judge Petria McDonnell on April 11, 2016. Judge McDonnell effectively suspended Shannon's sentence, with credit for time spent on remand, due to his efforts to rehabilitate and become drug free.

The Director of Public Prosecutions successfully sought a review of Shannon’s sentence on grounds that it was “unduly lenient” and he was accordingly resentenced in the Court of Appeal to three years imprisonment with the final nine months suspended on Wednesday.

After the DPP appealed his sentence, Shannon subsequently "relapsed" and was arrested for having committed "yet another similar type burglary".

Giving judgment in the three-judge court, Mr Justice John Edwards detailed the eight burglaries on three bills of indictment Shannon pleaded guilty to in the Circuit Court.

In Glasnevin’s Dalcassian Downs in Dublin, Shannon confronted a woman while she was in bed but not asleep after entering through the bathroom window of her home.

He searched her room and handbag for cash and items of value before approaching her again, this time pushing her and taking a purse which contained keys, credits cards, cash and a second mobile phone.

In Drumahill, Kilmacud Road, in Dublin, a 69-year-old man found Shannon in his sitting room who “proferred a preposterous excuse” for being there. The homeowner took Shannon by the elbow and marched him off the premises. He later discovered that his car keys were missing which were never recovered.

On July 10, 2014, Shannon burgled a house in Drummartin Park, in Goatstown.

He also committed a “series of burglaries” - one on June 12, another on June 24 and three on August 31, 2014 - in locations including Sandyford, Stillorgan and Shankill in Dublin. Gardai found a number of items near one of the burgled homes including a quantity of prescription drugs in a container bearing the name Joseph Shannon.

Shannon admitted that his modus operandi was to use both the DART and LUAS to “case” suitable premises before returning later to commit the actual burglaries.

The Circuit Court heard he was a “chronic drug addict whose life was in complete chaos”.

Gardai described him as an “old-school type offender” in that he was not violent, antagonistic or hostile. He tended to co-operate fully whenever he was caught and to apologise while blaming his offending on his addiction.

He had 74 previous convictions including 38 for burglary, three for robbery, 12 for theft, two for false imprisonment and one for unlawful seizure of a vehicle, among others.

“Little was known” about his family circumstances save that he has a number of children, now in their 20s, some of whom are doing extremely well having “achieved impressive third level qualifications,” Mr Justice Edwards said.

The Circuit Court received a positive probation report and a letter from Merchant’s Quay Ireland Homeless and Drugs Services which confirmed his attendance in their programme and that he had been putting great effort into becoming drug-free.

Mr Justice Edwards said Shannon’s progress towards rehabilitation was impressive and deserved to be rewarded.

However, the Court of Appeal was told that while progress was maintained for some months after the balance of his sentence was suspended in the Circuit Court, he “unfortunately relapsed yet again” and was arrested and pleaded guilty to “yet another similar type of burglary”.

Mr Justice Edwards said the court, at an earlier hearing, had been minded to deal with the matter non-custodially but “we no longer consider that we are in a position to do so” because Shannon had regrettably relapsed again.

He said Shannon had not taken the “numerous chances” he had been given and a period in custody was now required.

Mr Justice Edwards, who sat with President of the Court of Appeal Mr Justice George Birmingham and Mr Justice Alan Mahon, resentenced Shannon to three years imprisonment on each count to run concurrently with the final nine months of each suspended. The sentences were backdated to reflect the 14 weeks spent on remand.

Shannon was required to enter into a good behaviour bond and he undertook to be so bound.