Courts / Galway / Report

GAA star avoids jail for second time over €300k theft

Date
2018-07-17
Stage
Appeal
Primary locality
Galway
County
Galway

Summary

The Court of Appeal has dismissed an appeal by the Director of Public Prosecutions against the sentence imposed on Mark Hehir, a former GAA star who admitted stealing €305,072 from his employer, Galway City Bin company. Hehir pleaded guilty to transferring funds from the company's account to his personal account on 71 separate occasions between April and September 2016 to fund an online gambling addiction. In January, Judge Rory McCabe at Galway Circuit Criminal Court sentenced Hehir to a wholly suspended two-year term and ordered him to complete 240 hours of community service. Additional conditions require Hehir to remain gambling-free, refrain from opening bookmakers' accounts, continue counselling, and pay €100 weekly in restitution. Prosecutors, represented by Lorcan Staines BL, argued the sentence was unduly lenient and that the addiction did not constitute an exceptional circumstance justifying avoidance of custody. However, Mr Justice John Hedigan, sitting with Mr Justice George Birmingham and Mr Justice John Edwards, upheld the Circuit Court decision. The Court of Appeal found that the sentencing judge had carefully balanced all factors, including Hehir's status as a first-time offender, his full admissions, and his engagement in restorative justice. The court concluded there was no basis to intervene, leaving Hehir's suspended sentence and conditions intact.

Who, what, where, when and why

What: Report matter: GAA star avoids jail for second time over €300k theft. Charges or matters: stealing the money from his former employers Galway City Bin company over a six-month period in 2016, after initially becoming addicted to online gambling on his phone while in secondary school. Procedural stage: appeal

When:

Why: Slamming the "jail door" on him was inappropriate because he would be better off outside prison than inside in dealing with his problems. CNI source report

Case subjects

Mark Hehir

Appellant

Charges: stealing the money from his former employers Galway City Bin company over a six-month period in 2016, after initially becoming addicted to online gambling on his phone while in secondary school (Admitted)

Plea: Guilty

Outcome: Hehir was given a wholly suspended two-year sentence and ordered to undertake 240 hours of community service by Judge Rory McCabe at Galway Circuit Criminal Court in January. Counsel for the Director of Public Prosecutions, Lorcan Staines BL, submitted that although the scourge of gambling which afflicted Hehir was "tragic", it did not amount to an exceptional circumstance which justified community service or a suspended sentence.

Places mentioned

Secondary Mention
Court Venue
  • Galway
  • Galway Circuit Criminal Court
  • Court of Appeal
Facility
  • Hope House

Topics

Stage Appeal Theft

Related court reports

Read the original CNI report

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