Courts / Kilkenny / Report

Suspended sentence for laundering €120k must be overturned, State says

Date
2023-01-23
Stage
Appeal
Primary locality
Kilkenny
County
Kilkenny

Summary

The State appealed the fully suspended 18‑month sentence imposed on Timmy O'Reilly, a 47‑year‑old "family man" from Kilkenny, for laundering over €120 000 while receiving social welfare. The Court of Appeal heard that O'Reilly had pleaded guilty to eight counts under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 and was charged with 32 offences relating to €125 000 found in an Irish Life account and two credit union accounts between 2011 and 2018. Judge Cormac Quinn had originally set a headline sentence of three years' imprisonment, reduced to 18 months before suspending it entirely. The State argued that a custodial term was necessary, citing O'Reilly's 15 prior convictions and a previous suspended sentence for assault. O'Reilly's counsel contended the money was inactive, not part of a larger scheme, and that the suspended sentence was within the judge's discretion. The court reserved judgment.

Who, what, where, when and why

What: Report matter: Suspended sentence for laundering €120k must be overturned, State says. Charges or matters: eight counts of offences contrary to Section 7 (a) and Section 7 (b) of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010. Procedural stage: appeal

When:

Why: He said that O'Reilly's co-accused – who were all members of his family – received suspended sentences because they were judged to have been led by the appellant. CNI source report

Case subjects

Timmy O'Reilly

Accused

Charges: eight counts of offences contrary to Section 7 (a) and Section 7 (b) of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Admitted)

Plea: Guilty

Outcome: Timmy O'Reilly (47), who has never filed a return to Revenue, previously had a suspended sentence imposed on him for assault causing harm. Counsel said that it was the view of the DPP that a general and specific deterrent should be imposed regarding O'Reilly's sentence.

Places mentioned

Court Venue
  • Court of Appeal
  • Kilkenny
  • Kilkenny Circuit Criminal Court
Residence

Topics

Fraud Stage Appeal Violent Crime

Related court reports

Read the original CNI report

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