Burglar who looted during 'Storm Emma' will not face extra jail time

A convicted burglar who looted a shop during “Storm Emma” in 2018 will not face extra jail time despite the Court of Appeal finding that his original sentence was unduly lenient.

The Court of Appeal indicated on Monday that, having read positive probation reports regarding David Berney, they would increase the suspended portion of his sentence rather than send him to prison. Berney, of Suncroft Park, Tallaght, Dublin pleaded guilty in 2018 to burglary at a Centra store in Jobstown, Tallaght on March 2, 2018.

During a sentence hearing at the Circuit Court lawyers said Berney was, like many people, reminded of his childhood by the heavy snowfall.

“But unlike others he was high on cocaine at the time,” Eoin Lawlor BL, defending, told Judge Cormac Quinn.

He was on bail at the time awaiting prosecution for a burglary of a private home at Rocklodge, Stepaside on December 3, 2014 and has since pleaded guilty to that offence. Judge Quinn imposed a two-year sentence for the 2014 burglary. He imposed a further 18 months for the looting incident but suspended this term on condition that he keep the peace and engage with addiction and social reintegration services. The Director of Public Prosecutions appealed the sentence on the grounds it was unduly lenient.

Ms Justice Isobel Kennedy at the Court of Appeal on Monday said the sentence for the looting offence was unduly lenient given that Berney was on bail for a similar offence at the time and had a previous conviction for burglary. 

But, she added, his progress has been good, he has a favourable probation report and has begun a new job. Therefore, she said the court would "mark the seriousness of the offence" by imposing a suspended sentence on certain conditions. 

Berney, who could not attend court today because he is beginning an apprenticeship as a plumber, will be sentenced at a later date.