Courts / Dublin / Report

Former Sinn Féin Councillor jailed for torturing man has 12-year term cut by more than a third

Summary

The Court of Appeal has reduced the prison sentences of Jonathan Dowdall and Patrick Dowdall, who pleaded guilty at the Special Criminal Court to falsely imprisoning Alexander Hurley and threatening to kill him at their family home on January 15, 2015. The Court of Appeal found that the Special Criminal Court's criticisms regarding a Newton Hearing and the timing of their guilty pleas were not justified. Consequently, Jonathan Dowdall, a former Sinn Féin councillor, was re-sentenced to 10 years imprisonment, with the final 25 months suspended. His father, Patrick Dowdall, was re-sentenced to seven years imprisonment, with the final three years suspended. Both defendants were required to enter into good behaviour bonds for the suspended periods. The original sentences, handed down on June 1, 2017, were 12 years for Jonathan and eight years for Patrick. The appeal court noted that the offending was out of character for both men, who had no significant previous convictions, and accepted their expressions of remorse as genuine. The matter was concluded with these revised sentences.

Who, what, where, when and why

What: Report matter: Former Sinn Féin Councillor jailed for torturing man has 12-year term cut by more than a third. Charges or matters: falsely imprisoning Alexander Hurley and threatening to kill him at Jonathan's family home on January 15th, 2015. Procedural stage: appeal

When:

• January 15th, 2015 Hearing Or Sentence
• June 1, 2017 Hearing Or Sentence
• January 12th, 2015 Incident
• 2018-04-23 Publication

Why: Mr Justice Mahon, who sat with Mr Justice John Edwards and Mr Justice John Hedigan, said a sentencing court ought not to penalise an offender simply because they seek a Newton Hearing unless it is established that there was no justification for doing so or where the offender entirely fails to establish any disputed or uncertain matters in his favour. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report