Courts / Cork / Report
Would-be ATM thief who almost caused massive explosion fails in appeal
Summary
A would-be ATM thief who almost caused a massive explosion that could have killed him has lost his appeal against the severity of a five-year jail sentence imposed for attempting to blow up an ATM at a filling station in Cork last year. Evan Stubbins (25), an unemployed single man from Church Road, Croom, Co Limerick, was convicted at Cork Circuit Criminal Court last November for the possession of explosives after pleading guilty to possessing a blow torch and canisters containing oxygen and propane in an attempt to blow open an ATM at the Maxol garage at Carr's Hill, Carrigaline, Co Cork on August 2, 2020. He also pleaded guilty to separate charges of criminal damage and attempted theft. At a sitting of the Court of Appeal, counsel for Stubbins, Ray Boland BL, argued that the sentencing judge, Judge Seán Ó Donnabháin, had not given the appellant a sufficient reduction from the headline sentence of seven years for his signed guilty plea. Counsel said the judge had also erred by failing to further reduce the length of the sentence by taking into account various mitigating factors including Stubbins' youth, his cooperation with gardaí and the fact that the offence was committed under duress as part of his efforts to pay off a drug debt to unnamed individuals. The matter was adjourned.
Who, what, where, when and why
What: Report matter: Would-be ATM thief who almost caused massive explosion fails in appeal. Charges or matters: separate charges of criminal damage and attempted theft. Procedural stage: appeal. Findings: Convicted
When:
- August 2, 2020 Incident
- 2021-06-28 Publication
Why: The court heard that Stubbins had used YouTube to research mixing chemicals to blow up the ATM in order to steal its contents. Court evidence reported by CNI
Case subjects
Convicted Person
Charges: separate charges of criminal damage and attempted theft (Proven)
Plea: Guilty
Finding: Convicted
Outcome: Convicted; At a sitting of the Court of Appeal, counsel for Stubbins, Ray Boland BL, argued that the sentencing judge, Judge Seán Ó Donnabháin, had not given the appellant a sufficient reduction from the headline sentence of seven years for his signed guilty plea. Counsel said the judge has also erred by failing to further reduce the length of the sentence by taking into account various mitigating factors including Stubbins' youth, his cooperation with gardaí and the fact that the offence was committed under duress as part of his efforts to pay off a drug debt to unnamed individuals.
Appellant
Charges: separate charges of criminal damage and attempted theft (Proven)
Plea: Guilty
Finding: Convicted
Outcome: Convicted; would-be ATM thief who almost caused a massive explosion that could have killed him has lost his appeal against the severity of a five-year jail sentence imposed for attempting to blow up an ATM at a filling station in Cork last year.
Places mentioned
- Cork
- Cork Circuit Criminal Court
- Court of Appeal
Topics
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