Courts / Kilkenny / Report

'Family man' to be jailed after suspended sentence for laundering €120k is overturned

Date
2023-03-21
Stage
Appeal
Primary locality
Kilkenny
County
Kilkenny

Summary

Timmy O'Reilly, 48, of Kilkenny, was jailed after the Court of Appeal overturned his fully‑suspended 18‑month sentence for laundering over €120,000 while receiving social welfare. The appeal court, led by Ms Justice Úna Ní Raifeartaigh, found the original sentence unduly lenient and re‑sentenced him to 18 months with the final six months suspended. O'Reilly had pleaded guilty to eight counts of money‑laundering under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, involving 32 offences linked to €125,000 in an Irish Life account and two credit‑union accounts over eight years. He also had a separate suspended sentence for assault causing harm. The State argued the amount laundered and the length of time involved warranted custodial punishment, while O'Reilly's counsel highlighted his lack of a broader criminal scheme and his role as a community member.

Who, what, where, when and why

What: Report matter: 'Family man' to be jailed after suspended sentence for laundering €120k is overturned. 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; the offence, before saying that a custodial element was required and then re-sentenced O'Reilly. "The court emphasises that in circumstances where the underlying criminality was unknown, the case is sui generis [of its own kind] and unlikely to be of assistance in determining the appropriate sentence in future cases of money laundering," she added. 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; the offence, before saying that a custodial element was required and then re-sentenced O'Reilly. "The court emphasises that in circumstances where the underlying criminality was unknown, the case is sui generis [of its own kind] and unlikely to be of assistance in determining the appropriate sentence in future cases of money laundering," she added (Admitted)

Plea: Guilty

Outcome: Timmy O'Reilly (48), who has never filed a return to Revenue, also had a separate suspended sentence imposed on him for assault causing harm. Ms Justice Ní Raifeartaigh noted that O'Reilly's role in laundering the money was above that of two other connected men – his two sons – who also pleaded guilty to the offence, before saying that a custodial element was required and then re-sentenced O'Reilly. "The court emphasises that in circumstances where the underlying criminality was unknown, the case is sui generis [of its own kind] and unlikely to be of assistance in determining the appropriate sentence in future cases of money laundering," she added.

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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