Courts / Louth / Report

DPP seeks to increase tiger kidnapper's 9-year sentence

Date
2018-03-06
Stage
Appeal
Primary locality
Louth
County
Louth

Summary

The Court of Appeal has adjourned the matter following an appeal by the Director of Public Prosecutions seeking to increase the sentence of Mark McCarthy. McCarthy, a 32-year-old from Ballyfermot, pleaded guilty to the false imprisonment of Warren and Jean Marie Nawn and their ten-week-old baby in County Louth between August 1st and 2nd, 2011. He was originally sentenced to nine years' imprisonment by Judge Patricia Ryan on May 19, 2017. The DPP argued the sentence was unduly lenient, contending that the starting point should have been significantly higher than the 15 years fixed by the trial judge before mitigation. Prosecutors highlighted the severity of the ordeal, including threats to the infant and the use of surveillance equipment, comparing it to the aggravated burglary case of DPP v Dean Byrne. Defence counsel Derek Cooney BL countered that McCarthy acted under duress due to a drug debt and credible threats to his life, factors absent in the comparative case. The bench, comprising Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice John Hedigan, heard submissions on whether a headline sentence of 25 years to life would have been appropriate. The court reserved its judgement, meaning the appeal is not yet concluded and the original sentence remains in effect pending the final decision.

Who, what, where, when and why

What: Report matter: DPP seeks to increase tiger kidnapper's 9-year sentence. Charges or matters: the false imprisonment of Warren and Jean Marie Nawn as well as their ten week old baby in Co Louth between August 1st and 2nd 2011. Procedural stage: appeal

When:

Case subjects

Mark McCarthy

Defendant

Charges: the false imprisonment of Warren and Jean Marie Nawn as well as their ten week old baby in Co Louth between August 1st and 2nd 2011 (Admitted)

Plea: Guilty

Outcome: He was sentenced to nine years imprisonment by Judge Patricia Ryan on May 19, 2017.

Places mentioned

Residence
Secondary Mention
Court Venue
  • Dublin
  • Dublin Circuit Criminal Court
  • Court of Appeal

Topics

Burglary Drugs Stage Appeal

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