A DUBLIN man serving a life sentence for murder has failed in his appeal against his two-year sentence for stealing a vase while on temporary release from prison.
Patrick Byrne (56), was jailed for life in 1984 for shooting his friend Gerard Fortin twice in the head in the French-Canadian province of Quebec. Byrne, with a last address at Poddle Place, Kimmage, was repatriated to Ireland in 1997 after applying to serve the remainder of his sentence in an Irish prison. He was released from jail on licence in February 2009.
Byrne received a two-year sentence at Tralee Circuit Criminal Court in May last year, having pleaded guilty to one count of burglary at Lower Bridge Street, Killorglin, Co Kerry, on February 28th, 2009. His temporary release licence has since been revoked.
The court heard Byrne entered a property adjoining a B&B in Killorglin, where he had been holidaying, and took a vase. It had “no great financial value” but had sentimental value to the owner.
Counsel for the applicant, Keith Spencer, said his client had not put forth any explanation for his “bizarre” conduct, save to say he had entered the premises while intoxicated and the vase had simply “caught his eye”.
He said that in the context of a discussion on his client’s previous convictions the prosecution had informed the sentencing court Byrne had a conviction for murder, and the trial judge erred in principle by regarding this as an aggravating factor in the case.
He said the fact Byrne had committed the burglary while on licensed release from prison had also been identified as an aggravating factor. Judge Carroll Moran’s decision to consider both of these factors while imposing sentence was effectively inflicting a “double tariff” on his client.
Counsel for the State, Seamus Clarke, told the court Judge Moran had not placed undue emphasis on Byrne’s conviction for murder, and had simply referred to the matter in its proper context as one incident among 24 previous convictions.
He said it was unfair to ask the court to remain “blinkered” to the fact Byrne had committed the offence while on temporary release from a life sentence for murder – a release granted on condition he be of good behaviour and keep the peace.
Presiding judge Mr Justice Adrian Hardiman said the court found it “proper and relevant” for the prosecution to bring the court’s attention to the fact the accused had a previous conviction for murder. He said Byrne, having received a life sentence, would never be unconditionally at liberty in Ireland and could only apply for temporary release on various terms of good behaviour.
Mr Justice Hardiman, sitting with Mr Justice Declan Budd and Mr Justice Daniel O’Keeffe, said Byrne was aware of the conditions of his release but chose to commit an “odd and unpleasant” offence. Nothing the trial judge said amounted to an error in principle.