| Case No: | 00019 |
| Year: | 2007 |
| Ref. No: | |
| Linked Cases: | Co-accused at 2007/00017 and 2007/00018. |
| Keywords: | Armed robbery - Imprisonment - Possession of a handgun. |
| Offence(s) Charged: | Count 01: Armed robbery contrary to common law. Count 02: Possession of a firearm contrary to section 27A(1) of the Firearms Act, as amended, to wit a handgun. Count 03: Possession of ammunition contrary to section to section 27A(1) of the Firearms Act. Count 04: Possession of a firearm contrary to section 27A(1) of the Firearms Act, as amended, to wit a stun gun. Count 05: 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 was in possession of the stun gun]. 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. Accused herein ran off but was arrested at the scene. |
| Sentencing Comments: | The aggravating factors were that this was a pre-mediated serious crime and that accused was armed with a handgun, cable ties and pepper spray. The mitigating factors were his pleas of guilty, that he had no previous convictions, good work history and has drug addiction, although the court had some concern in relation to the drug addiction as it was never mentioned to Gardaí. |
| Gender: | M |
| Age At Date Of Offence: | 31 |
| Drug Status: | Drug addict. Addicted to prescription painkillers. |
| Age At Date Of Sentence: | 32 |
| Nationality: | Irish. |
| Previous Convictions | Yes |
| Accused has 9 previous convictions. All are District Court matters and relate to road traffic offences, public order offences and theft offences. The most recent conviction was for careless driving and drink driving where a fine was imposed. | |
| Custodial : | Yes |
| Previous Custodial Sentence(s): | Most recent custodial sentence was for 8 months imposed in 2006 for offences of theft and trespass in a building. |
| Other Personal Information: | Accused previously worked but in 2002 was in a motorcycle accident and as a result suffered a fracture to his spine. Accused became addicted to prescription painkillers as a result of that accident. Prior to the accident the accused had no convictions up until his late 20s. He has a partner and three children. Medical report before the court in relation to his addiction. Accused recently served prison sentence and has improved while in prison. |
| On Bail At Date Of Offence: | No |
| Offender's Role In Offence: | Accused in possession of handgun. |
| Degree Of Co-operation With Investigation: | Not co-operative. |
| Sentence Imposed On Co-Accused | See reports 2007/00017 and 2007/00018. |
| 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 | Appeal by Accused against Sentence |
| Type Of Appeal: | |
| Variation On Appeal | |
| Date Of Appeal Decision: | Certificate refused. |
| 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 June 2006, the date 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 |
|---|---|---|---|---|---|
| 2007/00019 | 22/03/2007 | Count 01: Armed robbery contrary to common law. | Guilty | Imprisonment-->8 years | 32 |
| 2007/00019 | 22/03/2007 | Count 04: Possession of a firearm contrary to section 27A(1) of the Firearms Act, as amended, to wit a stun gun. | Guilty | Imprisonment-->6 years Concurrent to count 1. |
32 |
| 2007/00019 | 22/03/2007 | Count 05: Unlawful carriage in an MPV contrary to section 112 of the Road Traffic Act. | Guilty | Imprisonment-->2 years Concurrent to count 1. |
32 |