Courts / Galway / Report

First two men to be jailed under anti-gang legislation have sentences reduced by Court of Appeal

Date
2014-12-02

Stage
Appeal

Primary locality
Galway

County
Galway

Summary

The Court of Appeal has reduced the sentences of Michael O'Loughlin and Edward O'Loughlin, the first two men jailed under 2009 anti-gang legislation. The Galway brothers were originally charged with directing a criminal organisation but pleaded guilty to a lesser charge of membership after a decision not to prosecute was entered on the more serious offence. Judge Martin Nolan at Dublin Circuit Criminal Court sentenced them to nine years imprisonment on June 11, 2012, for participating in the activities of a criminal organisation. In this appeal, Mr Justice George Birmingham found an error in principle, noting that Judge Nolan lacked sentencing guidelines as the first to apply the act. The Court of Appeal determined the original sentence was too severe given the organisation operated at mid-level criminality. Consequently, the nine-year terms were substituted with new sentences of six-and-a-half years imprisonment. The case arose from Operation Foolscap, a Garda Síochána investigation targeting a Galway-based gang. Audio surveillance revealed the brothers' involvement in three drug offences and four burglaries, though the latter were pre-empted by police. The court noted the brothers had extensive prior convictions, with most dealt with in the District Court.

Who, what, where, when and why

What: Report matter: First two men to be jailed under anti-gang legislation have sentences reduced by Court of Appeal. Charges or matters: a lesser charge of membership after a decision not to prosecute was entered on the more serious offence. Procedural stage: appeal

When:

June 11 2012 Incident
2014-12-02 Publication

Case subjects

Edward O'Loughlin

Appellant

Charges: a lesser charge of membership after a decision not to prosecute was entered on the more serious offence (Admitted)

Plea: Guilty

Outcome: They were both sentenced to nine years imprisonment for participating in the activities of a criminal organisation by Judge Martin Nolan at Dublin Circuit Criminal Court on June 11 2012. Both men successfully appealed their sentences today and new terms of six-and-a-half years imprisonment were imposed on them.

Michael O'Loughlin

Appellant

Charges: a lesser charge of membership after a decision not to prosecute was entered on the more serious offence (Admitted)

Plea: Guilty

Operation Foolscap

Applicant