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Clare man who twice robbed pensioner, causing him to cycle 30 miles to nursing home in terror, avoids jail for second time
Summary
A 22‑year‑old Clare man, Joseph Lernihan, pleaded guilty to two robberies of a 68‑year‑old pensioner, Michael McMahon, in February 2012. The first robbery saw McMahon hand over €4,000 through broken windows; the second robbery involved a pipe‑like object used as a gun threat and the theft of €3,000. McMahon, terrified, cycled 30 miles to a nursing home in Ennis and never returned to his home. Lernihan was initially sentenced by Judge Carroll Moran to a wholly suspended three‑year term, €3,780 compensation and forfeiture of a Volkswagen Passat bought with the proceeds. The Court of Appeal agreed the sentence was unduly lenient but, citing Lernihan's progress, imposed no prison term, instead ordering 240 hours of community service in lieu of a 12‑month sentence, a suspended 24‑month period, and a €100 bond for good behaviour over the three‑year suspended term.
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, avoids jail for second time. Charges or matters: two counts of robbery at the home of the then 68-year-old Michael McMahon on two separate occasions in February 2012. Procedural stage: appeal
When:
- February 2012 Hearing Or Sentence
- March 3 2014 Hearing Or Sentence
- 2015-03-26 Publication
Why: However, the court refrained from imposing a prison sentence on him because incarceration now might "jeopardise the progress" he had made since original sentencing and he was ordered to undertake 240 hours of community service in lieu of a 12 month prison sentence. CNI source report
Case subjects
Appellant
Charges: two counts of robbery at the home of the then 68-year-old Michael McMahon on two separate occasions in February 2012 (Admitted)
Plea: Guilty
Outcome: On March 3 2014, Judge Carroll Moran gave Lernihan an entirely suspended three-year sentence, ordered him to pay €3,780 compensation and ordered that a Volkswagen Passat that he purchased with the proceeds of his crime be forfeited. The Court of Appeal agreed last week with counsel for the Director of Public Prosecutions, Sinead McGrath BL, that Lernihan's wholly suspended sentence was unduly lenient.
Places mentioned
- Finnuremore Park
- Ennis
- Ennis Circuit Criminal Court
- Court of Appeal
- His house
Topics
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