Courts / Wexford / Report

Court upholds conviction of raider who took part in JCB theft of ATM

Date
2017-05-04
Stage
Appeal
Primary locality
Wexford
County
Wexford

Summary

Thomas Berry, aged 43 and resident of Bunclody, Co. Wexford, was convicted of theft and related offences for his part in a 2009 ATM robbery at a Maxol service station on Bellefield Road, Enniscorthy. The robbery involved a JCB digger that was hot‑wired by Berry and other gang members to move the ATM, which contained €205,100, into a trailer for escape. Berry was found guilty by a jury at Wexford Circuit Criminal Court and sentenced to five years' imprisonment, with the final three months suspended. He appealed the conviction, but the Court of Appeal, in a unanimous decision, dismissed his appeal on all grounds. The court upheld the original conviction, confirming the jury's finding that Berry was one of the raiders. The appeal was rejected by Judges George Birmingham, Alan Mahon and John Edwards. The case remains at the conviction stage. Thomas Berry pleaded not guilty.

Who, what, where, when and why

What: Report matter: Court upholds conviction of raider who took part in JCB theft of ATM. Charges or matters: theft and linked offences at a Maxol service station on the Bellefield Road, Enniscorthy on July 24, 2009; the theft of the ATM and had received a sentence of four years imprisonment with the final three months suspended. Procedural stage: appeal. Findings: Found guilty

When:

Why: He did this several times in order to dislodge it from the wall and then, with the assistance of other gang members, succeeded in pushing the ATM into the bucket of the JCB. CNI source report

Case subjects

Thomas Berry

Appellant

Charges: theft and linked offences at a Maxol service station on the Bellefield Road, Enniscorthy on July 24, 2009; the theft of the ATM and had received a sentence of four years imprisonment with the final three months suspended (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; He was found guilty by a jury at Wexford Circuit Criminal Court and sentenced to five years imprisonment with the final three months suspended by Judge Barry Hickson on November 11, 2015.

Places mentioned

Address Area
  • Bellefield Road
Court Venue
  • Wexford
  • Wexford Circuit Criminal Court
  • Court of Appeal
Residence

Topics

Stage Appeal Theft

Related court reports

Read the original CNI report

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