Drunk man entered West Cork house he thought was his own and verbally abused owner

Accused told court it was 'an act of stupidity that should never have happened'

Accused entered a guilty plea to entering a property at Clontaff in Union Hall as a trespasser to commit an arrestable offence within, on October 2, 2016. Picture: Larry Cummins

A 30-year-old man has apologised profusely before Cork Circuit Criminal Court for going in to a property which he drunkenly thought was his own and having a verbal altercation with the homeowner, before leaving with a phone that did not belong to him.

Thomas Magee, formerly of Whitecliffe, Belfast, and West Cork but now living in the UK, delivered an apology by video link from prison to the homeowner and to the court. 

He said it was “an act of stupidity that should never have happened”. 

He promised Judge Helen Boyle he would never be before her court again and wished the victim in the case “all the best”. 

He had entered a guilty plea to entering a property at Clontaff in Union Hall as a trespasser to commit an arrestable offence within. 

The offence occurred on October 2, 2016. There was no forced entry, with Magee opening a door that was on the latch.

Mr Magee furnished compensation of €1,000 for the stress he caused to the homeowner. The court heard he had drunk to excess on the night of the offence and has no memory of his actions.

Defence barrister Alan O’Dwyer BL said his client had no previous convictions for offences of this kind. He said his client was a hard worker who now lives in the UK, where he is gainfully employed as a tiler. 

He told Judge Boyle Magee had embarked on a new life in the UK where he works as a tiler. He has not come to Garda or police attention since the time of the offence. 

He has a number of convictions dating back to his early life in Northern Ireland but none relate to burglary.

Judge Boyle noted Mr Magee had been arrested on foot of a European arrest warrant after he left the jurisdiction following the offence. She said the homeowner had been minding his own business when he was met in his property by Magee, who proceeded to be verbally abusive.

Judge Boyle said Magee “didn’t enter with the intention to steal”. 

“But you had a verbal altercation with the owner and left with a phone that wasn’t yours.” 

She imposed a two-year suspended sentence with the condition that Mr Magee board a flight to the UK on his release in late November and not return to the jurisdiction for a period of 10 years.