Armed burglar who threatened to stab homeowner is jailed
Daniel Kelly told gardaí he was 'off his head' on crack cocaine and heroin at the time of the offence and that he normally doesn't do both drugs at the same time, Dublin Circuit Criminal Court heard on Tuesday.
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Kelly (36) of Kiltalown Road, Tallaght, pleaded guilty to one count of aggravated burglary at an address in Dublin on July 6th, 2024. It is a charge that carries a maximum sentence of life imprisonment.
Kelly has 71 previous convictions including for robbery and public order offences.
The court heard Kelly's co-accused – his former partner - knocked on the door of the house in question at around 3pm under the guise of trying to sell old clothes.
When the homeowner answered the door, Kelly came out from around the side of the house, armed with a large kitchen knife. He forced his way into the hall and demanded money from the woman, telling her he would stab her if she didn't give it to him, Jane Murphy BL, prosecuting, said.
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The woman's autistic child was present at the time and both were 'terrified' and in 'total shock', the court heard. The woman handed over €20 from her purse and a box of cigarettes before Kelly and his partner fled the scene.
The child was upset and distressed after the burglary and he and his mother are still in fear, the court heard.
CCTV footage
Kelly and his partner were identified from local CCTV footage and Kelly was arrested.
He told gardaí he was on drugs at the time and when asked if his partner was aware of what he was planning, he said: 'I'm not sure, even I didn't know.' A bench warrant has been issued for this woman's arrest, the court heard.
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Kelly has been in custody since March and is doing well, defence counsel said. He is on a methadone programme and has managed to reduce his intake.
He was 'devastated' to hear that the child in the house was autistic and was unaware of this fact at the time, defence counsel said.
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Kelly has a number of children and is due to become a grandfather soon, the court heard.
Sentencing Kelly on Tuesday, Judge Orla Crowe noted the homeowner and her child were 'terrified' as a result of the burglary. 'This was an invasion of a home with a knife,' she said, adding it was a frightening experience for the woman and her vulnerable child.
She took into account a number of mitigating factors, including Kelly's extremely difficult childhood, his plea of guilty and his efforts to rehabilitate from drugs, which she noted was 'no small achievement'.
She handed down a sentence of four years and six months and suspended the final nine months on a number of conditions.
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