| Case No: | 00016 |
| Year: | 2007 |
| Ref. No: | |
| Linked Cases: | |
| Keywords: | Robbery - Imprisonment - Drug addict - Imitation firearm. |
| Offence(s) Charged: | Count 01: Robbery contrary to section 14 of the Criminal Justice (Theft & Fraud Offences) Act 2001. Count 02: Possession of a firearm with intent to commit an indictable offence contrary to section 27(b) of the Firearms Act. |
| Offence(s) Taken into Consideration: |
Count 2 taken into consideration (no pleas entered).
|
| Ancillary/Consequential Orders Made: | Destruction order of firearm. |
| Date Of Offence: | 24/07/2004 |
| Comments on Offence dates: | |
| Location Of Offence: | Public place. |
| Brief Description Of Offence(s): | Injured party was in her car outside an ATM when a person knocked on her car window with a gun. Accused told her to move over in the car and then he pulled her out of the car. Accused then began searching her handbag which had been on the passenger’s seat. When injured party realised the gun was a fake she started to try and pull the accused out of the car. In the struggle the injured party was hit on the chin and knocked to the ground. Gardaí arrested accused nearby and also located a handgun beside the accused. |
| Sentencing Comments: | The court found it difficult to accept that the offence was not premeditated having regard to fact that accused was in possession of imitation firearm. Accused made admissions during interview with Gardaí and has expressed remorse. It was clear that the robbery was for the purposes of getting money for drugs. Although the accused was a person with a history of criminal activity this was a significant step up the ladder in criminal behaviour. The robbery carried out caused extreme terror to the injured party. |
| Gender: | M |
| Age At Date Of Offence: | 26 |
| Drug Status: | Drug addict. |
| Age At Date Of Sentence: | 29 |
| Nationality: | Irish. |
| Previous Convictions | Yes |
| Accused has in excess of 18 previous convictions, including Circuit Court convictions from 2001 in respect of drugs offences and burglary. Most recent conviction was conviction in the Circuit Court for offence under section 15 of the Misuse of Drugs Act, sentence imposed was 3 years imprisonment. | |
| Custodial : | Yes |
| Previous Custodial Sentence(s): | Most recent custodial sentence was for 3 years imposed in 2001. |
| Other Personal Information: | Accused lives with his parents. He has three brothers and one sister. Two of his brothers are also drug addicts. Accused completed the Junior Certificate but was unemployed from a young age. He began using drugs at 14 and by age 17 was smoking heroin. He was previously involved for 4 years with a particular drugs project. However they are unable to take him at the moment so accused is using methadone that he purchases on the street. |
| On Bail At Date Of Offence: | No |
| Offender's Role In Offence: | Threatened injured party with imitation firearm and robbed purse from injured party. |
| Degree Of Co-operation With Investigation: | Accused made admissions during interview. Said that it was not planned and was for the purpose of getting money for drugs. |
| Sentence Imposed On Co-Accused | |
| Date Of Sentence: |
| Number Of Victims: | 1 |
| Nationality | Not given. |
| Age Of Victim | Not given. |
| Gender Of Victim: | F |
| Victim Impact | Victim impact report handed into court. Victim suffered grazes and bruising. Injured party was very shocked by incident and feared for her life. |
| Date Of Appeal | |
| Court Decision | |
| Type Of Appeal: | |
| Variation On Appeal | |
| Date Of Appeal Decision: | |
| Appeal Decision: |
| Weapon Used In Committing Offence: | Yes |
| Type Of Weapon: | Imitation firearm. |
| Value Of Any Drugs Involved: | |
| Value/Nature Of Any Property Stolen | Purse stolen. |
| Researcher’s Comments |
| Case No | Date Of Sentence | Offence Sentenced | Plea | Sentence | Age |
|---|---|---|---|---|---|
| 2007/00016 | 12/03/2007 | Count 01: Robbery contrary to section 14 of the Criminal Justice (Theft & Fraud Offences) Act 2001. | Guilty | Imprisonment-->4 years Last 12 months suspended for period of 2 years on condition be of good behaviour and keep peace, remain drug free, place under supervision of the Probation and Welfare Service for period of 12 months and to follow all directions including directions relating to drug treatment or employment. Own bond €400. |
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