Trespasser who claimed he was praying outside church at 2am fails in appeal bid
A criminal who denied trespassing outside a Dublin home, alternatively claiming that he had been praying outside a church at 2am and looking for his dog when he was arrested, has failed in his bid to overturn his conviction.
The District Court Appeals Court heard that Joe Malone (46), who has approximately 160 previous convictions, told the residents that he had been looking for his dog when he was caught leaving their garden.
He was followed out of the estate, where he started swinging a branch at the injured party and told him he had previously been in jail for murder.
Malone, with an address on Ferguson Road, Drumcondra, Dublin 9 was convicted in the District Court of trespassing on the curtilage of a building on May 22, 2025. He was also convicted of handling stolen property in a separate incident in 2023.
He was sentenced to ten months imprisonment on the trespassing charge and ten months consecutive, with four months suspended on the handling stolen property charge.
Malone later lodged an appeal against his conviction for the trespassing incident and an appeal against the severity of sentence on the second matter.
A woman told the court that on May 22 she awoke to an intruder alarm just after 2am. She said that she was alerted that the back patio door of her home had been opened.
Defence counsel for Malone, Lydia Daly BL, noted the woman said in her statement that the intruder walked with a limp and had gloves in his pocket.
The woman’s partner told the court that he encountered Malone at the side of his garden, with the defendant claiming that he was looking for his dog. The witness said that a locked gate had been opened on the property.
The man said that he followed Malone but the defendant got “really aggressive” and told him that he had been in jail for murder before. He said that Malone picked up a branch and started swinging it at him.
He said he flagged a garda car down and the officers arrested Malone, whom he said had never left his line of sight.
Garda Daire O’Mahoney said that gardai attended the scene at around 2.30am and that Malone was arrested after the injured party identified him.
Ms Daly said the alleged incident did not reach the level of “likely to cause fear” under section 13 of the Criminal Justice (Public Order) Act, 1994.
Judge Ronan Munro rejected this submission, saying that it was an appalling thing to happen and that the witnesses didn’t need to say that they were afraid.
Malone told the court that he had been praying for deceased family members outside a church when he met the injured party.
He said that the man came out of nowhere saying “what are you doing” and then the gardai arrested him.
Malone said that it was a different person, not him, who was at the house and that he never had a limp.
He denied that he picked up a branch and threatened the victim. He said that the man appeared and blamed the offence on him.
Ms Daly said that her client denied trespassing and submitted that the matter was a case of mistaken identity. She said that Malone did not have a limp and that no gloves were found in his pocket.
Judge Munro said he did not accept Malone’s evidence and that he had no hesitation in imposing a conviction.
The injured party told the court that she does not feel safe in her own house and or in the area. She said that for a woman, a home is supposed to be the one safe place and that the incident had changed her perspective.
Separately, a garda told the court that an injured party reported that their Samsung Galaxy earbuds were missing. He said that they were tracked to a CeX shop on Liffey Street, where Malone was identified on CCTV. He said that the items were never recovered.
The garda said that Malone has around 160 previous convictions.
Ms Daly said that Malone started taking drugs when he was a teenager but that he is now clean.
She said that he has shown motivation to make changes in his life and has made a genuine effort to move in a positive direction.
Judge Munro noted that Malone is relatively stable on methadone but said that he had an appalling record.
He decided to impose a jail sentence of eight months on the handling stolen goods charge. On the trespassing charge, he decided to sentence him to 12 months in custody with eight months suspended.
The judge said that this was so that Maline would have to enter a bond and that the injured parties “shouldn’t have to see his face”.
He made the conditions that Malone must stay away from the injured parties and their estate, as well as to attend a safe pass course and drug rehabilitation while in custody.
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