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Leah Farrell via RollingNews.ie

Serial burglar who shone torch in face of pensioner (83) has jail time increased on appeal

Anthony Horgan had his jail time increased by three years.

A SERIAL BURGLAR who shone a torch directly into the face of a cocooning pensioner and claimed he was gardaí as he ransacked her home a 4am – while his accomplice wielded a baseball bat at the 83-year-old woman – has had his jail time increased. 

Anthony Horgan (46), of no fixed abode, was jailed for six years by Judge Sean O’Donnabhain at Cork Circuit Criminal Court in April 2021 after he pleaded guilty to one count of aggravated burglary and five counts of burglary. 

Horgan’s bat-wielding co-accused, Christopher Jones, received a four-year term for his role in the crime spree in the Cork city which took place on April 16-17 2020, during the first Covid lockdown. 

Jones later had his sentenced increased by one year after the Director of Public Prosecutions (DPP) successfully argued that the original custodial term had been unduly lenient.  

The DPP has since appealed the length of Horgan’s term on the same grounds. 

In papers submitted to the Court of Appeal, the State argued that Judge O’Donnabhain had erred by setting a headline sentence for Horgan at seven years and that the term should have been somewhere between nine to 14 years. 

Ray Boland SC, for the DPP, told the three-judge court that he was asking for an increase to Horgan’s term similar to the one applied by the same court to Jones’s. 

Boland also told the court that Horgan has seven convictions for burglary in the Republic of Ireland and seven for burglary in the United Kingdom. 

The respondent had also been convicted for an aggravated burglary in 2002, in Midleton, Co Cork, counsel added. 

Alison McCarthy BL, for Horgan, said her client was a heroin addict who was living as a rough sleeper at the time of the latest offences. 

McCarthy said that although gardaí had described her client as ‘career criminal’, the majority of his previous offending took place more than 20 years ago and she urged the court not to interfere with the sentence handed down.   

Counsel added that her client was working as a cleaner in prisoner, while Horgan told the court he was trying his “best to change his ways”. 

However, in a judgement issued yesterday, Mr Justice John Edwards, presiding, sitting with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, said the appellate court agreed with the DPP and that the sentence handed down had been unduly lenient. 

Quashing Horgan’s original term, Mr Justice Edwards re-sentenced the respondent to eight years’ imprisonment, with one year suspended. 

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