Courts / Tipperary / Report
Convicted killer and son appeal sentences for attack over €50 debt
Summary
Robert Devine, 44, and his son Lee Kelly, 21, appealed their sentences for a 2017 burglary and assault at the home of PJ and Brian O'Reilly. Devine had previously served a ten‑year sentence for manslaughter. The appeal was heard by a three‑judge Court of Appeal. Vincent Heneghan SC for the Director of Public Prosecutions argued that Judge Patrick Meghan should not have imposed consecutive sentences, but the director accepted the effective sentences of 12 and seven years. Ronan Munro SC for Devine presented evidence of rehabilitation, including prison education and positive reports from the prison governor, and requested a release with a programme of probation and addiction counselling. Kathleen Leader SC for Kelly highlighted his youth, remorse, and cooperation with Gardaí, and suggested a suspended portion of his sentence. The Court of Appeal reserved judgement. Robert Devine pleaded guilty. Lee Kelly pleaded guilty.
Who, what, where, when and why
What: Report matter: Convicted killer and son appeal sentences for attack over €50 debt. Charges or matters: burglary and assault on December 17, 2017 at the home of PJ and Brian O'Reilly; killing 21-year-old Joseph Cummins in Waterford in November 2007. Procedural stage: appeal
When:
- December 17, 2017 Incident
- November 2007 Incident
- 2021-03-15 Publication
Case subjects
Convicted Person
Charges: burglary and assault on December 17, 2017 at the home of PJ and Brian O'Reilly; killing 21-year-old Joseph Cummins in Waterford in November 2007 (Admitted)
Plea: Guilty
Outcome: Lee Kelly (21), both of Brook Crescent, Clonmel, Co Tipperary, are serving sentences of 12 and seven years respectively having pleaded guilty to burglary and assault on December 17, 2017 at the home of PJ and Brian O'Reilly.
Convicted Person
Charges: burglary and assault on December 17, 2017 at the home of PJ and Brian O'Reilly; killing 21-year-old Joseph Cummins in Waterford in November 2007 (Admitted)
Plea: Guilty
Outcome: When the father and son were sentenced for the burglary and assault charges, Garda Jennifer O'Brien told the court that Brian O'Reilly had bought €50 worth of Xanax tablets from Robert Devine but did not pay. Judge Patrick Meghan sentenced Devine to 12 years for burglary and four years for each of two counts of assault.
Places mentioned
Topics
Burglary Stage Appeal Violent Crime
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