Courts / Wexford / Report
Sentence cut for raider jailed over JCB theft of ATM machine
Summary
Joseph Berry, aged 30, was jailed for his part in the theft of an ATM from a Maxol/Mace service station in Enniscorthy on 24 July 2009. The ATM, owned by Ulster Bank, contained €205,100 at the time of removal. Berry had pleaded guilty to theft and related offences and was originally sentenced to four years' imprisonment by Judge Barry Hickson on 28 June 2016. On appeal, the Court of Appeal found that the Circuit Court had not given enough weight to mitigating factors such as Berry's youth, guilty plea and clean record. The Court suspended the final nine months of a new four‑year term, re‑sentencing Berry to four years with the suspended portion, and backdated the sentence to 9 December 2015 to account for time spent in German custody awaiting extradition. The decision was made by Judges Alan Mahon, Michael Peart and George Birmingham. The appeal was granted on 13 November 2017.
Who, what, where, when and why
What: Report matter: Sentence cut for raider jailed over JCB theft of ATM machine. Charges or matters: theft and linked offences at a Maxol/Mace service station on the Bellefield Road, Enniscorthy, Co Wexford on July 24, 2009. Procedural stage: appeal
When:
- July 24, 2009 Hearing Or Sentence
- June 28, 2016 Hearing Or Sentence
- December 9, 2015 Other
- 2017-11-13 Publication
Why: One of the gang got into the JCB, hot-wired it and drove it at the ATM several times in order to dislodge it from the wall. CNI source report
Case subjects
Appellant
Charges: theft and linked offences at a Maxol/Mace service station on the Bellefield Road, Enniscorthy, Co Wexford on July 24, 2009 (Admitted)
Plea: Guilty
Outcome: He was sentenced to four years imprisonment at Wexford Circuit Criminal Court by Judge Barry Hickson on June 28, 2016. Mr Justice Mahon, who sat with Mr Justice Michael Peart and Mr Justice George Birmingham, re-sentenced Joseph Berry to four years imprisonment with the final nine months suspended.
Places mentioned
- Staplestown Road
- Bellefield Road
- Wexford
- Wexford Circuit Criminal Court
- Court of Appeal
Topics
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