Courts / Dublin / Report

Violent criminal's sentence for throwing petrol bomb at garda is upheld

Date
2021-06-29
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

Gerrard Dunne has lost his appeal against a prison sentence for endangerment and possession of a petrol bomb. The three-judge Court of Appeal, led by Mr Justice John Edwards, upheld the sentence imposed by Judge Melanie Greally at Dublin Circuit Criminal Court. Dunne, who pleaded guilty to throwing an ignited petrol bomb at Garda Karl Kelly on the Link Road, Darndale, Dublin, on April 29, 2019, argued that his original headline sentence was too high and that he deserved greater credit for his early plea and mental health issues. Justice Edwards rejected these arguments, stating the headline sentence of five years and six months was proportionate given the unprovoked nature of the attack and the lethal potential of the weapon. He noted that Garda Kelly avoided injury only by moving out of the way. The Court found no error in principle in the sentencing judge's approach. Dunne was sentenced to four and a half years in prison, with the final six months suspended for 12 months on strict conditions. The appeal was dismissed, leaving the original custodial sentence intact.

Who, what, where, when and why

What: Report matter: Violent criminal's sentence for throwing petrol bomb at garda is upheld. Charges or matters: endangerment and possession of a petrol bomb on the Link Road, Darndale, Dublin on April 29th, 2019. Procedural stage: appeal

When:

Why: " He noted that Garda Kelly only avoided being struck because he saw what was happening in his peripheral vision and moved out of the way. CNI source report

Case subjects

Gerrard Dunne

Appellant

Charges: endangerment and possession of a petrol bomb on the Link Road, Darndale, Dublin on April 29th, 2019 (Admitted)

Plea: Guilty

Outcome: Delivering judgement today at the three-judge Court of Appeal, Mr Justice John Edwards said the headline sentence of five years and six months was "proportionate and appropriate" given that Dunne had thrown the petrol bomb at a garda in an unprovoked attack, when Garda Kelly had no warning and was not wearing protective clothing. She sentenced Dunne to four and a half years in prison and suspended the final six months of that sentence for 12 months on strict conditions.

Places mentioned

Court Venue
  • Court of Appeal
  • Dublin
  • Dublin Circuit Criminal Court
Residence
Incident

Topics

Stage Appeal Violent Crime

Related court reports

Read the original CNI report

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