| Case No: | 00018 |
| Year: | 2007 |
| Ref. No: | |
| Linked Cases: | Co-accused at 2007/00017 and 2007/00019. |
| Keywords: | Armed robbery - Imprisonment - Possession of a handgun. |
| Offence(s) Charged: | Count 11: Armed robbery contrary to common law. Count 12: Possession of a firearm contrary to section 27A(1) of the Firearms Act, as amended, to wit a handgun. Count 13: Possession of ammunition contrary to section to section 27A(1) of the Firearms Act. Count 14: Possession of a firearm contrary to section 27A(1) of the Firearms Act, as amended, to wit a stun gun. Count 15: Unlawful carriage in an MPV contrary to section 112 of the Road Traffic Act. |
| Offence(s) Taken into Consideration: | |
| Ancillary/Consequential Orders Made: | |
| Date Of Offence: | 17/04/2005 |
| Comments on Offence dates: | |
| Location Of Offence: | Private property, bookmakers. |
| Brief Description Of Offence(s): | A motor car was stolen from the driveway of house and was later used in an attempted robbery on a bookmaker. Gardaí received confidential information relating to the planned robbery of bookmaker. A member of the Gardaí travelled with the bookmaker in the back of his van from horse races. Other Gardaí kept surveillance on the van and on the stolen vehicle. They noted that a vehicle was following the bookmaker’s van. On arrival at the bookmaker’s shop the injured party was set upon by three men, one of whom had a handgun and another of whom had a stun gun. [Accused herein remained in the car as get away driver]. They demanded money from the injured party and pointed a gun at him. Gardaí appeared from back of van. Co-accused with handgun did not immediately put his weapon down and had to be tackled by Gardaí. Other co-accused herein ran off but arrested at the scene. Accused left scene but arrested nearby. |
| Sentencing Comments: | The aggravating factors were that accused had central involvement as a getaway driver and has previous convictions albeit of a summary nature. The mitigating factors were his guilty plea, his lesser role, his co-operation with Gardaí and the fact that he is a documented drug addict. The court was satisfied that because of his lesser role, accused should get lesser sentence than his co-accused. |
| Gender: | M |
| Age At Date Of Offence: | 28 |
| Drug Status: | Drug addict. |
| Age At Date Of Sentence: | 30 |
| Nationality: | Irish. |
| Previous Convictions | Yes |
| Accused has 6 previous convictions. All are District Court matters and relate to road traffic offences, criminal damage, assault and offences under the Firearms Act. Most recent conviction relates back to 1995 for an offence contrary to section 9 of the Firearms Act. | |
| Custodial : | Yes |
| Previous Custodial Sentence(s): | Most recent custodial sentence imposed in 1995 for 7 days for offence contrary to section 9 of the Firearms Act. |
| Other Personal Information: | Accused was recruited into the enterprise just the day beforehand. He was the only one of the accused not to wear a mask. Accused has three children. He left school at age 15 and developed a drug addiction. He was off drugs for a period of 8 years but relapsed a year before incident. Accused is now attending a clinic and taking methadone. Urine analysis before the court. Medical report handed into court regarding his addiction. Reference from his current employer was also furnished to the court. The accused now works in the construction industry. |
| On Bail At Date Of Offence: | No |
| Offender's Role In Offence: | Accused was the driver of the car. |
| Degree Of Co-operation With Investigation: | Made admissions after a number of interviews. Accepted he knew the car was stolen but not that firearm was to be used. |
| Sentence Imposed On Co-Accused | See reports 2007/00017 and 2007/00019. |
| Date Of Sentence: |
| Number Of Victims: | 1 |
| Nationality | Irish |
| Age Of Victim | Not given. |
| Gender Of Victim: | M |
| Victim Impact | Bookmaker more wary and less relaxed at work. He is more aware of threat of being attacked. Incident had traumatising effect on him and particularly when gun pointed at him. |
| 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: | Stun gun, firearm. Accused also had cable ties and pepper spray. |
| Value Of Any Drugs Involved: | |
| Value/Nature Of Any Property Stolen |
| Researcher’s Comments | Sentence to date from March 2007, the date the accused went into custody.
Refuse leave to appeal. Grant certificate for legal aid in event of appeal. |
| Case No | Date Of Sentence | Offence Sentenced | Plea | Sentence | Age |
|---|---|---|---|---|---|
| 2007/00018 | 22/03/2007 | Count 11: Armed robbery contrary to common law. | Guilty | Imprisonment-->5 years | 30 |
| 2007/00018 | 22/03/2007 | Count 14: Possession of a firearm contrary to section 27A(1) of the Firearms Act, as amended, to wit a stun gun. | Guilty | Imprisonment-->4 years Concurrent to count 1. |
30 |
| 2007/00018 | 22/03/2007 | Count 15: Unlawful carriage in an MPV contrary to section 112 of the Road Traffic Act. | Guilty | Imprisonment-->3 years Concurrent to count 1. |
30 |