Burke’s breach of peace conviction struck out

• Published date: 16 April 2024
• Author: PAUL NEILAN
• Publication title: Irish Times (Dublin, Ireland)

During an appeal against his District Court conviction yesterday, Judge John Martin said he was not convinced that the 25-year-old’s “unbecoming” behaviour met the threshold for a public order offence

Mr Burke, of Cloonsunna, Castlebar, Co Mayo had denied the charge before Judge John Hughes at Dublin District Court last July, but was convicted and fined €300 for a public order offence that occurred on March 7th of last year on or about the Four Courts.

He was convicted under section 6 of the Public Order Act, which states it is an “offence for any person in a public place to use or engage in any threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or being reckless as to whether a breach of the peace may be occasioned”.

At the District Court Appeals Court, Judge Martin said the threshold...