Courts / Dublin / Report

Soldier will not face more severe sentence for violent disorder despite DPP appeal

Summary

Andrew Gilmore, a 27‑year‑old serving member of the Irish Defence Forces, pleaded guilty to violent disorder at the Central Bank Plaza in Dublin on 9 February 2012. On 29 November 2013 Judge Martin Nolan imposed a two‑and‑a‑half‑year deferred sentence, requiring Gilmore to keep the peace, behave well for a specified period and pay €3,000 to the injured parties. The Court of Appeal considered that a custodial sentence, a suspended sentence or a fine over €800 would have automatically led to his discharge from the army. The Director of Public Prosecutions appealed, arguing the sentence was "unduly lenient" and that the judge had shown too much mercy. Mr Justice George Birmingham, joined by Mr Justice John Edwards and Mr Justice Garrett Sheehan, rejected the appeal, noting that the deferred sentence was appropriate given the mitigating circumstances and that a suspended sentence would have had serious consequences for Gilmore's military career.

Who, what, where, when and why

What: Report matter: Soldier will not face more severe sentence for violent disorder despite DPP appeal. Charges or matters: violent disorder at the Central Bank Plaza on February 9 2012. Procedural stage: appeal

When:

• February 9 2012 Hearing Or Sentence
• November 29 2013 Hearing Or Sentence
• 2015-06-08 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report