Man cleared of murdering trespasser in home with garden shears

Gravelly · 14-03-2018 04:06PM #1

Martin Keenan has been cleared of murdering Wesley Mooney after finding the latter in his mobile home, after returning with his wife, and stabbing Mooney with half a garden shears.

The case was the first test of the Defence and the Dwelling Act.

Irish Times - Man found not guilty of murdering trespasser

Is this case a turning point in how Ireland sees the defence of the home?

Personally I am glad Mr. Keenan has been cleared, as I feel that one should have the right to defend home and family.

....... · 14-03-2018 04:13PM

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14-03-2018 04:13PM

Even with the law as it currently is I can't believe he got off with it. Doesn't sound like a scared-for-your-life situation. Though hopefully all such cases will have the same result.

....... · 14-03-2018 04:14PM

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howamidifferent · 14-03-2018 04:16PM

Hopefully a few more like this will put some manners on the roaming thugs.

Grayson · 14-03-2018 04:17PM

Just reading the details of that case. It's messed up.

14-03-2018 04:18PM

....... wrote: »

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I'd like a bit more forensic information. Seems like he followed him or was just lucky the shears were on hand. And having the weapon for a while. Just rings a bit hollow to me.
Still glad he got off though and hopefully it's the start of a trend.

splinter65 · 14-03-2018 04:20PM

Grayson wrote: »

Just reading the details of that case. It's messed up.

Pretty confusing ok. Getting the impression these people all knew one another anyway?

....... · 14-03-2018 04:27PM

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everlast75 · 14-03-2018 04:29PM

Gravelly wrote: »

Martin Keenan has been cleared of murdering Wesley Mooney after finding the latter in his mobile home, after returning with his wife, and stabbing Mooney with half a garden shears.

The case was the first test of the Defence and the Dwelling Act.

Irish Times - Man found not guilty of murdering trespasser

Is this case a turning point in how Ireland sees the defence of the home?

Personally I am glad Mr. Keenan has been cleared, as I feel that one should have the right to defend home and family.

Mr. Keenan, leaving the Courthouse today..

wakka12 · 14-03-2018 04:33PM

I hate condoning murder..but on the other hand..dont trespass into poeple's home and then you won't be murdered so can't say I've a lot of sympathy

GarIT · 14-03-2018 04:34PM

It’s a great result for justice. Everyone should have the right to kill anyone that has broken into their home even if they are trying to flee.

Harry Palmr · 14-03-2018 04:36PM

Tis a pity most people who break and enter are desperate junkies and thickos who have no sense of self preservation and therefore will not be remotely bothered by such a judgement. Lets face it most of them hardly know what news is.

FTA69 · 14-03-2018 04:45PM

You'd want to be on some serious gear to think burgling a caravan in Dunsink Lane is a good idea.

amcalester · 14-03-2018 04:48PM

wakka12 wrote: »

I hate condoning murder..but on the other hand..dont trespass into poeple's home and then you won't be murdered so can't say I've a lot of sympathy

Don't worry you're not condoning murder.

Gravelly · 14-03-2018 04:50PM

FTA69 wrote: »

You'd want to be on some serious gear to think burgling a caravan in Dunsink Lane is a good idea.

It does speak of a certain reckless bravery, bordering on the completely and utterly batshït insane alright.

Mysterypunter · 14-03-2018 04:52PM

amcalester wrote: »

Don't worry you're not condoning murder.

It wasn't murder, the chap had a right to defend himself in his own caravan

Uboat · 14-03-2018 04:52PM

Martin Keenan is a good man.
I hope that he and his family will live in peace from this day on.

Fred Swanson · 14-03-2018 05:02PM

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darkdubh · 14-03-2018 05:03PM

I don't think it's the first case to be tried under this law though. Wasn't there a similar case in Kilkenny a few years ago where someone got off under this act?

amcalester · 14-03-2018 05:10PM

Mysterypunter wrote: »

It wasn't murder, the chap had a right to defend himself in his own caravan

I know, so that poster wasn't condoning murder. I was just clarifying that for him.

Caliden · 14-03-2018 05:11PM

darkdubh wrote: »

I don't think it's the first case to be tried under this law though. Wasn't there a similar case in Kilkenny a few years ago where someone got off under this act?

Not according to the article anyway.

"A 20-year-old Dubliner has been cleared of murdering a trespasser in his home by stabbing him with half a garden shears in the first murder case defended under the Defence and the Dwelling Act"

14-03-2018 05:19PM

Harry Palmr wrote: »

Tis a pity most people who break and enter are desperate junkies and thickos who have no sense of self preservation and therefore will not be remotely bothered by such a judgement. Lets face it most of them hardly know what news is.

This image of burglars being helpless drug addicts is out of date to be honest.

It’s a very well oiled and skilled profession at this stage. Probably just the characters you describe that actually get caught

padd b1975 · 14-03-2018 05:20PM

howamidifferent wrote: »

Hopefully a few more like this will put some manners on the roaming thugs.

Mr. Keenan's neighbours hopefully.

Harry Palmr · 14-03-2018 05:38PM

[Deleted User] wrote: »

This image of burglars being helpless drug addicts is out of date to be honest.

It’s a very well oiled and skilled profession at this stage. Probably just the characters you describe that actually get caught

Maybe but they still won't be disuaded by this.

Gravelly · 14-03-2018 05:49PM

Harry Palmr wrote: »

Maybe but they still won't be disuaded by this.

If there are several cases where householders defend their property and family with violence, that leads to death or serious injury for the intruder, and the courts look sympathetically on the householder, it might begin to sink in. The problem at the moment is that the intruder has little to dissuade him, as the sentences being handed down by the courts are laughable. Once the thought is planted that burglary comes with real risks, it might become less attractive.

Jim Bob Scratcher · 14-03-2018 05:58PM

FTA69 wrote: »

You'd want to be on some serious gear to think burgling a caravan in Dunsink Lane is a good idea.

Wasn't the other guy a traveler too ?

Mysterypunter · 14-03-2018 06:01PM

amcalester wrote: »

I know, so that poster wasn't condoning murder. I was just clarifying that for him.

Yep, quoted the wrong post, sorry. The lad that was killed wasn't there for a cup of tea and a cake.

Gravelly · 14-03-2018 06:01PM

Jim Bob Scratcher wrote: »

Wasn't the other guy a traveler too ?

That's not the impression I got - the defence team seemed to play on the fact that the defendant was a traveller for sympathy, and I presume they wouldn't have done that if the other guy was too.

seamus · 14-03-2018 06:02PM

The case itself doesn't open the door for people to beat seven shades out of intruders or to "defend" their property using force.

The basic test of reasonable force still applies. So if someone is in your house and you attack them, you're on the hook for a criminal charge.

What the 2011 act did is remove the requirement for a homeowner to retreat first rather than confront and intruder or defend themselves. In this case the defence's contention was that the homeowner was attacked and was merely defending himself. Before the 2011 act, the defence would have had to show why the defendent didn't or couldn't flee when they found someone in their house.

So if you find someone in your house and they stop, put their hands up and say, "I don't want any trouble", there's little you can do but call the gardai. You can't pull out a gun and shoot them in the back. Or the chest.

In any case, I wouldn't be shedding a tear for the deceased in this case;
https://www.herald.ie/news/courts/dad-walks-free-after-threat-to-kill-ex-and-baby-28013724.html

Sofiztikated · 14-03-2018 06:03PM

Gravelly wrote: »

If there are several cases where householders defend their property and family with violence, that leads to death or serious injury for the intruder, and the courts look sympathetically on the householder, it might begin to sink in. The problem at the moment is that the intruder has little to dissuade him, as the sentences being handed down by the courts are laughable. Once the thought is planted that burglary comes with real risks, it might become less attractive.

Or don't leave witnesses.

Man cleared of murdering trespasser in home with garden shears

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