Courts / Cork / Report
Sentence imposed by judge unhappy about 'utter joke' of early release will be overturned
Summary
The Court of Appeal will re‑sentence Emma Fehily, a 37‑year‑old fraudster, after the Circuit Criminal Court imposed a one‑year fully suspended sentence that the Director of Public Prosecutions argued was unduly lenient. Jane Hyland BL presented evidence that Judge Sean O'Donnabhain had expressed displeasure with Fehily's early releases, describing them as a "complete and utter joke" and suggesting the governor of Limerick Prison had not taken white‑collar crime seriously. Fehily had pleaded guilty in 2020 to forging character references and had prior convictions for multiple thefts totalling over €25,000 and €34,000. Mr Justice John Edwards said the sentence was outside the norm but could not re‑sentence today because the defence had failed to provide evidence for claims of depression, self‑harm and suicide attempts. He ordered that medical evidence be supplied before a new hearing on 26 July, noting that the court would not allow Fehily to remain at liberty until then.
Who, what, where, when and why
What: Report matter: Sentence imposed by judge unhappy about 'utter joke' of early release will be overturned. Charges or matters: 13 counts of theft totalling more than €25,000 from her employer Johnson and Perrot Garage in 2014 and 2015; 28 theft charges involving more than €34,000 when working at Westbourne IT Solutions in 2015 and 2016. Procedural stage: appeal
When:
- July 26 Hearing Or Sentence
- 2014 and 2015 Other
- 2015 and 2016 Other
- 2017 and 2018 Other
- 2021-06-24 Publication
Why: The Court of Appeal will re-sentence a convicted fraudster after hearing that a judge gave her a suspended sentence because he was unhappy with the "complete and utter joke" of her early release on previous charges. CNI source report
Case subjects
Convicted Person
Charges: 13 counts of theft totalling more than €25,000 from her employer Johnson and Perrot Garage in 2014 and 2015; 28 theft charges involving more than €34,000 when working at Westbourne IT Solutions in 2015 and 2016 (Admitted)
Plea: Guilty
Outcome: She said Judge Sean O'Donnabhain had said that the basis for the non-custodial sentence was that he had previously sentenced Fehily to 30 months and in another case to eighteen months but she served only five months of the first sentence and one month of the second. First time, she is out after five months, second time she is in for one month – sentenced in February, out in March.
Places mentioned
- Court of Appeal
- Circuit Criminal Court
- Limerick
- Limerick Prison
- Fern Drive
- Carrigaline
- Cork
Topics
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