05 Jul 2022

Nenagh judge seeks pre-sentence report on youth found guilty of trespass in driveway

Nenagh judge seeks pre-sentence report on youth found guilty of trespass in driveway

Nenagh judge seeks pre-sentence report on youth found guilty of trespass in driveway

A pre-sentencing report has been sought by Nenagh District Court on a Roscrea man who was convicted of trespass.

Alan Dunne of Carroll’s Row, Roscrea, had pleaded not guilty to the offence at Montevideo Road, Roscrea, on October 26, 2019.

Garda Janice Nolan siad that she was on duty in Roscrea Garda station at 3am when she received a call about three males acting suspiciously at Montevideo Road.

She went to the area and observed three males exit a driveway. Two crossed the road and went into a field. A third male stayed at the location and he was apprehended and brought home to his parents.

That person said they were in the area looking for a lost mobile phone.

Garda Nolan went to Mr Dunne’s home and found a pair of runners in the porch that were wet and covered in grass. Items of clothing were also found to be wet.

The person whose driveway the three males had been seen leaving had since died but had made a statement saying they had not given anyone permission to be on their property, she said.

Under cross-examination by Conor Delaney, solicitor for Mr Dunne, Garda Nolan agreed that she had not seen Mr Dunne in the driveway.

Mr Dunne had also told her he was looking for a lost mobile phone.

In his direct evidence to the court, Mr Dunne said that he had been at home with his friends taking Xanax when one of them realised he had lost his phone. The Find My Phone app on his phone showed it to be in the garden of a house on Montevideo Road.

When they didn’t locate the phone he had left but the phone’s owner had remained behind.

He was adamant that Garda Nolan had not observed him in the area.

Under cross-examination by the prosecution, Mr Dunne said that none of them had rung the phone because they had no phone credit.

Judge Elizabeth MacGrath said the charge was entering the curtilage of a a driveway with intent to commit an offence.

The garda had observed three males and she recognised all three.

She didn’t find Mr Dunne’s evidence to be credible and found him guilty.

Mr Dunne pleaded to having cannabis valued at €50 at Carroll’s Row, Roscrea, on June 24, 2021.

Judge MacGrath adjourned the case to September 22, 2022 for a pre-sentencing report.

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