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Clare man who twice robbed pensioner, causing him to cycle 30 miles to nursing home in terror, may avoid jail for second time
Summary
Joseph Lernihan, aged 22, pleaded guilty to two robberies of 68‑year‑old Michael McMahon in February 2012. The first robbery involved breaking windows and taking €4,000; the second involved a fake gun and taking €3,000. McMahon fled to a nursing home 30 miles away. Lernihan was sentenced on 3 March 2014 to a fully suspended three‑year term, ordered to pay €3,780 compensation and to forfeit a Volkswagen Passat bought with the proceeds. The Director of Public Prosecution appealed, arguing the sentence was too lenient. The Court of Appeal found the trial judge erred and sent the case back to assess suitability for community service. The case remains at the stage of determining whether Lernihan will serve community service rather than prison.
Who, what, where, when and why
What: Report matter: Clare man who twice robbed pensioner, causing him to cycle 30 miles to nursing home in terror, may avoid jail for second time. Charges or matters: two counts of robbery at the home of the then 68-year-old Michael McMahon in his home on two occasions in February 2012. Procedural stage: appeal
When:
- February 2012 Hearing Or Sentence
- March 3 2014 Hearing Or Sentence
- 2015-03-20 Publication
Why: He had not reported the first incident at the time because he was warned by the robbers not to and there would be consequences if he did, the judge said. CNI source report
Case subjects
Appellant
Charges: two counts of robbery at the home of the then 68-year-old Michael McMahon in his home on two occasions in February 2012 (Admitted)
Plea: Guilty
Outcome: On March 3 2014, Judge Carroll Moran at Ennis Circuit Criminal Court gave Lernihan an entirely suspended three-year sentence, ordered him to pay €3,780 compensation and ordered that a Volkswagen Passat he purchased with the proceeds of his crime be forfeited. The Director of Public Prosecution appealed Lernihan's sentence on grounds that it was unduly lenient and while the Court of Appeal found the trial judge had erred, the court put the matter back one week to assess his suitability for community service.; The matter was put back until next Thursday for the purpose of assessing his suitability for community service.
Places mentioned
- Finnuremore Park
- Ennis
- Ennis Circuit Criminal Court
- Court of Appeal
- His house
Topics
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