Courts / Dublin / Report

State seeks review of man's suspended sentence for theft of €167k in social welfare payments

Date
2018-06-29
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

Gerard Lawlor, 68, of Balrothery, Tallaght, pleaded guilty in the Dublin Circuit Criminal Court to 11 counts of fraudulently claiming €167,873 in social welfare payments from 2005 to 2015. The fraud was uncovered during a Revenue audit of his former wife's dieting company, which revealed that Lawlor had been claiming pre‑retirement payments for himself and adult dependent allowances for his estranged wife. On 15 June 2017 Judge Karen O'Connor imposed a wholly suspended three‑year sentence with strict conditions, citing a reluctance to imprison Lawlor because it would be detrimental to the life of his sisters, who rely on his support. The Director of Public Prosecutions has requested a review of the sentence on the grounds that it was unduly lenient. The Court of Appeal has reserved its judgment. The case remains at the appeal stage, with no further outcome reported.

Who, what, where, when and why

What: Report matter: State seeks review of man's suspended sentence for theft of €167k in social welfare payments. Charges or matters: 11 sample counts of stealing social welfare payments from the Department of Social Protection between 2005 and 2015. Procedural stage: appeal

When:

Why: Judge O'Connor said she suspended the sentence with "a degree of reluctance" because she said she felt imprisonment of Lawlor would be "detrimental to the life of his sisters". CNI source report

Case subjects

Gerard Lawlor

Defendant

Charges: 11 sample counts of stealing social welfare payments from the Department of Social Protection between 2005 and 2015 (Admitted)

Plea: Guilty

Outcome: Judge O'Connor said she suspended the sentence with "a degree of reluctance" because she said she felt imprisonment of Lawlor would be "detrimental to the life of his sisters". Counsel for Lawlor, Fiona Pekaar BL, said the probation service had detailed the ramifications on Lawlor's family were he to be put in custody and the sentencing judge had come to the conclusion that Lawlor's family circumstances were enough to warrant a wholly suspended sentence.

Places mentioned

Court Venue
  • Dublin
  • Dublin Circuit Criminal Court
  • Court of Appeal

Topics

Fraud Stage Appeal Theft

Related court reports

Read the original CNI report

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