Courts / Cavan / Report

Debt collector fails in appeal against jail term for threat to kidnap

Date
2020-09-25
Stage
Appeal
Primary locality
Cavan
County
Cavan

Summary

The Court of Appeal has dismissed an appeal by a debt collector against an 18-month custodial sentence imposed for intimidation and harassment offences. Kevin Molloy, aged 51, originally from Donegal and currently residing in Cavan, was convicted in May at Mullingar Circuit Criminal Court of harassing a man and his daughter between April and August 2015. His offences included threatening to kidnap and harm an individual, and arranging the distribution of defamatory flyers at equestrian events and in Mullingar. Molloy, who operated a debt recovery business based in Kildare, received a headline sentence of four years with 18 months suspended. The three-judge court, presiding over the appeal on Friday, upheld the sentencing judge's assessment that the offences fell within the upper mid-range. The judges described the 18-month actual custodial term as generous and rejected claims the sentence was unduly harsh. The court also upheld a seven-year ban on Molloy operating as a debt collector, deeming it legitimate and proportionate. Molloy was permitted time to arrange his affairs before beginning his sentence on 30 September.

Who, what, where, when and why

What: Report matter: Debt collector fails in appeal against jail term for threat to kidnap. Procedural stage: appeal

When:

Why: The barrister claimed Judge Johnson had also strayed into punishing Molloy because of his concerns over the lack of regulation of debt collection services in Ireland. CNI source report

Case subjects

Kevin Molloy

Appellant

Outcome: Kevin Molloy (51), a native of Donegal with a last known address in Bunclody, Co Wexford but now living in Cavan was given a two and a half year sentence with the final 12 months suspended by Mullingar Circuit Criminal Court in May after pleading guilty to two counts of harassing a man and his daughter on dates between April and August 2015. However, he claimed the sentence imposed was significantly higher than might be expected when compared to sentences imposed for similar offences in other cases.

Places mentioned

Residence
Court Venue
  • Mullingar
  • Mullingar Circuit Criminal Court
  • Court of Appeal

Topics

Stage Appeal

Related court reports

Read the original CNI report

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