Courts / Limerick / Report
Chronic heroin addict facing increased sentence for hijacking car and false imprisonment of woman
Summary
James Kelly, 25, a chronic heroin addict, was convicted at Limerick Circuit Criminal Court for false imprisonment, unlawful vehicle taking and robbery at Colbert Station on 4 May 2011. He was sentenced to six years' imprisonment, with the final two years suspended for seven years. The Director of Public Prosecution appealed, arguing the sentence was unduly lenient. The Court of Appeal, hearing the appeal on 23 April 2015, found the sentence too lenient and remanded Kelly in custody until 4 June 2015 for a new sentence. Kelly's defence counsel noted he was no longer on heroin and had completed the custodial part of his sentence, having been released for less than a week before being returned to custody. The appeal focused on the seriousness of the offence, the use of a knife, the victim's false imprisonment, forced driving, ATM theft, and the threat of rape and indignities. James Kelly pleaded guilty.
Who, what, where, when and why
What: Report matter: Chronic heroin addict facing increased sentence for hijacking car and false imprisonment of woman. Charges or matters: false imprisonment, the unlawful taking of a vehicle and robbery at Colbert Station, Limerick on May 4 2011. Procedural stage: appeal
When:
- May 4 2011 Hearing Or Sentence
- October 27 2011 Hearing Or Sentence
- June 4 Incident
- 2015-04-23 Publication
Case subjects
Appellant
Charges: false imprisonment, the unlawful taking of a vehicle and robbery at Colbert Station, Limerick on May 4 2011 (Admitted)
Plea: Guilty
Outcome: He was sentenced to six years imprisonment with the final two suspended for seven years by Judge Carroll Moran on October 27 2011. The Director of Public Prosecution successfully sought a review of Kelly's sentence in the Court of Appeal today on grounds that it was unduly lenient and a new sentence will be imposed on June 4 next.; Mr Justice Sheehan, who sat with Mr Justice John Edwards and Mr Justice Alan Mahon, remanded Kelly in custody until June 4 for the imposition of a fresh sentence on that date.
Places mentioned
- Limerick
- Limerick Circuit Criminal Court
- Court of Appeal
Topics
Related court reports
- Manager at global IT firm denies company 'lied' about position of former Irish employee
- High Court refuses to surrender Limerick man wanted for alleged human trafficking in Greece
- Tipperary man admits attempted murder
- Volunteer who said he was sacked for warning Church officials of 'rogue' relic traders can't pursue case, WRC rules
- Appearance of tips machine in cafe that pulled in €5k unexplained, tribunal notes
- 'You've to get the morning after pill': man who was 18 when he raped girl (15) gets seven years
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request