Courts / Roscommon / Report

Sentence for threatening to kill Castlerea gardai is reduced on appeal

Date
2022-04-08

Stage
Appeal

Primary locality
Castlerea

Summary

The Court of Appeal has reduced the sentence imposed on a man convicted of making threats to kill gardai at Castlerea, County Roscommon. Enda Gavigan, aged 37 of Doorty, was arrested on 10 October 2019 following criminal damage at a property. He pleaded guilty to criminal damage, production of an article capable of inflicting serious injury, and making threats against gardai. At Roscommon Circuit Court in June 2020, he received consecutive sentences totalling nine years and three months. The Court of Appeal found the sentencing judge erred in principle by imposing a consecutive term for threats made during the same transaction as his arrest. Ms Justice Isobel Kennedy, sitting with the Court President and a colleague, quashed the six-year-three-month consecutive sentence. The court imposed a new concurrent sentence of five years, with the final twelve months suspended. The revised total sentence runs concurrently with the criminal damage and weapons convictions.

Who, what, where, when and why

What: Report matter: Sentence for threatening to kill Castlerea gardai is reduced on appeal. Charges or matters: one count of criminal damage, contrary to the Criminal Damage Act 1991; one count of production of an article capable of inflicting serious injury, contrary to the Firearms and Offensive Weapons Act 1990; and one count making threats, contrary to Section 5 of the Non-Fatal Offences against the Person Act 1997. Procedural stage: appeal

When:

October 10, 2019 Incident
June 26, 2020 Hearing Or Sentence
June 17 Other
2022-04-08 Publication

Why: " "Feelings were high at the time (of the sentencing) because on the 17th of June, the late Garda Horgan had been shot," Mr Dockery added. CNI source report

Case subjects

Enda Gavigan

Defendant

Charges: one count of criminal damage, contrary to the Criminal Damage Act 1991; one count of production of an article capable of inflicting serious injury, contrary to the Firearms and Offensive Weapons Act 1990; and one count making threats, contrary to Section 5 of the Non-Fatal Offences against the Person Act 1997 (Admitted)

Plea: Guilty

Outcome: However, when Judge Comerford sentenced Gavigan to seven years and six months, with the final 15 months suspended, for making threats against garda, he ordered that this term would begin on completion of the previous sentences – meaning the accused would serve a total of nine years and three months for the offences. Gavigan's lawyers later appealed the sentence imposed on the grounds it was too severe and that the judge had imposed consecutive sentences to take account of the threats made at the garda station – although these threats had not been included in the indictment.