Courts / Tipperary / Report
Convicted killer and son successfully appeal sentences
Summary
Robert Devine, aged 44, and his son Lee Kelly, aged 21, appealed the sentences imposed for a 2017 burglary and assault at the O'Reilly home. The original 20‑year sentence for Devine (12 years for burglary, 4 years each for two assault counts) and 17‑year sentence for Kelly (10 years suspended) were quashed. The Court of Appeal substituted a 12‑year term for Devine with the final two years suspended, and a 7‑year‑6‑month term for Kelly with the final year suspended. The four‑year assault sentences remain but will run concurrently. The appeal was based on the judge's error in imposing consecutive sentences for offences arising from the same incident. The Court noted the seriousness of the burglary and assault, the victims' injuries, and the defendants' guilty pleas and expressions of remorse. The decision was made by Justice Isobel Kennedy, with Justices George Birmingham and Patrick McCarthy.
Who, what, where, when and why
What: Report matter: Convicted killer and son successfully appeal sentences. Procedural stage: appeal
When:
- December 17, 2017 Incident
- November 2007 Incident
- 2021-04-26 Publication
Case subjects
Appellant
Plea: Guilty
Outcome: Ms Justice Kennedy quashed the original sentences and substituted one of 12 years' imprisonment with the final two suspended for Devine and seven years and six months with the final year suspended for Kelly. When Devine and Kelly were sentenced 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.
Appellant
Plea: Guilty
Outcome: Judge Patrick Meghan sentenced Devine to 12 years for burglary and four years for each of two counts of assault on the O'Reillys. When Devine and Kelly were sentenced 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.
Places mentioned
Topics
Burglary Stage Appeal Violent Crime
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