A "Luas driver did a public service" by having gardaí alerted to a burglary at an apartment block along the light rail track in Tallaght, a court has heard.
Darren Canning (36), of no fixed abode but who is now in prison, had pleaded guilty at Dublin Circuit Criminal Court to burglary of an apartment at Carrig Court, Fortunestown Way, Tallaght on March 1st, 2015.
He was sentenced to three years imprisonment by Judge Martin Nolan on July 27th, 2015.
His appeal was dismissed on Thursday with the Court of Appeal holding that his jail term could not be deemed excessive.
Giving judgment, Mr Justice Garrett Sheehan said a Luas driver saw Canning smashing the ground floor window of an apartment block and the driver drew the attention of her controller.
Gardaí were called and, on arrival, a struggle took place during which pepper spray was used.
‘Very alert’
On arrest, Canning was found to be in possession of a camera, mobile phone, jewellery and two cans of beer.
The "very alert Luas driver did a public service", Mr Justice George Birmingham remarked during oral submissions by Canning's barrister, Luigi Rae.
Canning had 67 previous convictions including 18 for burglary. He had a long-standing heroin addiction but had, by the time of sentencing, displayed a high degree of motivation and focus to address his addiction, according to the Fr Peter McVerry Trust.
While it was clear he was beginning to engage with services at Merchants Quay Ireland, Mr Justice Sheehan said his rehabilitation was at a very early stage.
He said the sentencing judge correctly regarded his resistance at arrest as an aggravating factor and the Court of Appeal found that the ultimate sentence of three years could not be deemed excessive.
Mr Justice Sheehan, who sat with Mr Justice George Birmingham and Mr Justice Alan Mahon, said the sentence was "proportional" and the absence of a rehabilitative element in the sentence did not amount to an error.