Man who entered vacant Longford house to sleep rough escapes criminal conviction
A defendant who entered a vacant property to sleep rough when homeless was given the benefit of the Probation Act at Longford District Court.
Mark Kelly (36) of 72 Kilnasolagh Park, Newmarket on Fergus, Clare faced a charge that on January 7, 2023 at 77 Ardnacassa Ave, Longford he entered the premises as a trespasser.
Inspector David Jordan said that at 2:45pm on the date of the offence Gardaí responded to a call regarding three men who entered the unoccupied house. A search of the premises found the men, among them Mark Kelly.
The defendant admitted trespass and apologised. He cooperated fully and left, giving reassurances he would not re-enter.
The court heard Kelly had 33 previous convictions, a number of which are for theft. Solicitor John Quinn explained his client was living rough at the time. The solicitor explained there was no other accommodation available, and the house was unoccupied.
Mr Quinn said the defendant is now in settled accommodation and staying out of trouble. Inspector Jordan said Garda were alerted by residents about people sleeping rough in the house.
Noting the defendant had a “significant number of convictions” Judge Bernadette Owens said the defendant's cooperation and efforts to address his homelessness should be taken into consideration.
The judge said she would deal with the matter by way of section 1.2 of the probation act. The judge said she would not activate a suspended sentence imposed for three years in 2021.