Courts / Dublin / Report

Separating money-laundering mum from child 'draconian', appeal court told

Date
2021-11-26

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

The Court of Appeal heard an appeal against the sentence imposed on Tanya Breen, who pleaded guilty to two counts of possessing the proceeds of crime. Breen admitted to possessing €59,710 in cash at a Maxol Service Station on the Longmile Road, Dublin, and at her home on February 11, 2020. Judge Elma Sheahan sentenced her to three-and-a-half years, with six months suspended, at Dublin Circuit Criminal Court. Breen's counsel argued the separation from her son was a draconian penalty for a first-time offender. The Director of Public Prosecutions contended the sentence was appropriate, citing the deterrent principle and describing the act as a lifestyle choice for financial gain that aided drug dealers. Mr Justice George Birmingham noted Breen made a conscious decision to engage in serious criminality. Judgment was reserved. The appeal concerns Breen's sentence; co-accused Laurence Keane, who was arrested with her, was not the subject of this specific appeal hearing. The court heard that the defendants were willing to risk their good character for small sums, indicating high culpability without compulsion.

Who, what, where, when and why

What: Report matter: Separating money-laundering mum from child 'draconian', appeal court told. Charges or matters: possession of €59,710 in cash, which was the proceeds of crime, at Maxol Service Station on the Longmile Road, Dublin, on February 11, 2020; a second count of possessing the proceeds of crime at her home on the same date. Procedural stage: appeal

When:

February 11, 2020 Incident
2021-11-26 Publication

Case subjects

Laurence Keane

Co Accused

Outcome: Passing sentence, Judge Elma Sheahan said the defendants were willing to put their good character on the line for either €500, if Breen was to be believed, or for €100 or €200, if Keane was believed.

Tanya Breen

Appellant

Charges: possession of €59,710 in cash, which was the proceeds of crime, at Maxol Service Station on the Longmile Road, Dublin, on February 11, 2020; a second count of possessing the proceeds of crime at her home on the same date (Admitted)

Plea: Guilty

Outcome: Breen (30) was given a three-and-a-half-year sentence with six months suspended after she pleaded guilty to possession of €59,710 in cash, which was the proceeds of crime, at Maxol Service Station on the Longmile Road, Dublin, on February 11, 2020. Grainne O'Neill BL, for the Director of Public Prosecutions, said Breen's money laundering had helped "drug dealers to realise profits from their drug dealing activities". "Deterrent is an important sentencing principle and is particularly relevant in this case," Ms O'Neill said, adding that the sentence imposed was appropriate "in terms of the offence and the offender." "She is not of tender years, nor in poverty; there were no loans, addictions, or threats from third parties," counsel continued. "She was offered an opportunity and she took it.