A man has received a partially suspended 12-year prison sentence for the false imprisonment of a woman and a girl in their home in Howth, Co Dublin more than six years ago.
Declan Murphy (53) and at least two others forced their way into the family’s home on December 13th, 2013 and used cable ties to tie up the woman and her eight-year-old daughter before ransacking the house.
They took €27,000 in cash, jewellery valued at more than €30,000 and the woman’s 4x4 vehicle, which was later abandoned in Howth village.
The court heard gardaí examined CCTV footage and linked the burglary to a white van registered to a Eamon Brennan, who has since died. Brennan (35), of Woodfarm Cottages, Palmerstown, and Murphy were charged in October 2016.
In January 2014, gardaí stopped the van and found a cigarette butt inside which they were able to link to Murphy using DNA analysis. Gardaí also analysed mobile phone usage in the Howth area at relevant times to connect Brennan and Murphy to the incident. Dublin Circuit Criminal Court heard that four unregistered pre-paid phones were used only for the execution of the burglary.
The incident happened after the woman’s husband left for work. The woman heard someone knocking on the front door and saw a calling card for a garden maintenance business had been left.
Tied up
She opened the door and the men, who were walking away, turned and forced their way past her and pulled her inside. One man was armed with a crowbar. The girl, who was home sick from school, came downstairs and the men tied the her and the woman up.
Murphy, of North Frederick Street, Dublin, initially pleaded not guilty to aggravated burglary, false imprisonment of two people and theft of the vehicle.
After legal argument about the use of mobile phone evidence ended, Murphy, who has 157 previous convictions, including 38 for burglary, pleaded guilty to aggravated burglary and two false imprisonment charges.
In a victim impact statement, the woman said the burglary had a profound effect on her life and that she is now afraid to be alone in her home. She said she thought about how this crime was planned and her family being watched beforehand. She also said it upsets her that her daughter had to watch her being dragged around the house.
Premeditation
Judge Pauline Codd said the premeditation and pre-planning involved in the case were significant aggravating factors. She said it was an intolerable intrusion into a home and a gross violation of a family’s sense of security, which they would never forget.
She accepted the late guilty plea was of some benefit as it spared the victims the trauma of having to testify.
Judge Codd also noted Murphy’s expressions of remorse, though she said they rang “somewhat hollow”. She said Murphy had ongoing drug addiction problems, but did not appear to have been on drugs at the time of this crime. She suspended the final year of a 12-year prison term.