Courts / Dublin / Report

Young Dublin man with 88 previous convictions faces increased prison sentence for possession of imitation firearm and robbery

Date
2015-05-15
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

Lee McDonnell, 23, of Ballyfermot, pleaded guilty in Dublin Circuit Criminal Court to possession of an imitation firearm with intent to commit robbery at Sarsfield Service Station on 21 January 2012, and to robbery of cigarettes, a sunglass case and the shop assistant on the same occasion. He was originally sentenced to six years' imprisonment, with three years suspended by Judge Martin Nolan on 19 November 2012. The Director of Public Prosecutions appealed the three‑year suspended term, arguing it was unduly lenient. The appeal was scheduled for the Court of Appeal in December but McDonnell was absent. Counsel Michael Bowman SC argued that the judge erred in suspending 50 % of the sentence, citing McDonnell's 88 prior convictions and a previous four‑year hijacking sentence. Judge Michael Peart, with Justices Alan Mahon and Garrett Sheehan, agreed the sentence was unduly lenient and that the firearm offence had been treated merely as part of the overall offence.

Who, what, where, when and why

What: Report matter: Young Dublin man with 88 previous convictions faces increased prison sentence for possession of imitation firearm and robbery. Charges or matters: possession of an imitation firearm with intent to commit robbery at Sarsfield Service Station, Ballyfermot on January 21 2012; robbery of cigarettes and a sunglass case and to robbery of the shop assistant on the same occasion. Procedural stage: appeal

When:

Case subjects

Lee McDonnell

Appellant

Charges: possession of an imitation firearm with intent to commit robbery at Sarsfield Service Station, Ballyfermot on January 21 2012; robbery of cigarettes and a sunglass case and to robbery of the shop assistant on the same occasion (Admitted)

Plea: Guilty

Outcome: He was sentenced to six years imprisonment with the final three suspended by Judge Martin Nolan at on November 19, 2012. Mr Justice Michael Peart, who sat with Mr Justice Alan Mahon and Mr Justice Garrett Sheehan, said the sentence imposed on McDonnell was "unduly lenient".

Places mentioned

Residence
  • Lough Conn road
Court Venue
  • Dublin
  • Dublin Circuit Criminal Court
  • Court of Appeal

Topics

Stage Appeal Theft

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