Courts / Dublin / Report

Dowdall's sentence over Regency attack 'very lenient', court finds as appeal flops

Date
2023-07-14

Stage
Appeal

Primary locality
Swords

County
Dublin

Summary

The Court of Appeal has dismissed Jonathan Dowdall's appeal against his four-year sentence for facilitating the murder of David Byrne at the Regency Hotel. The three-judge panel, led by Mr Justice George Birmingham, described the sentence as "very lenient" and within the available range, rejecting arguments that it was unduly severe. Dowdall, who pleaded guilty to making a hotel room available to the Hutch gang ahead of the February 2016 attack, had argued his sentence was too high compared to his father, Patrick Dowdall, who received two years for the same offence. The appeal court found a clear basis for differentiating their roles, noting Jonathan Dowdall's significant post-murder involvement, including driving an associate to Northern Ireland. The court also rejected claims that the sentencing judge failed to adequately consider the life changes resulting from Dowdall becoming a State's witness. While acknowledging the assistance provided was "very significant," the judges upheld the Special Criminal Court's decision, stating that even a higher pre-mitigation headline sentence would not have warranted intervention. The appeal was heard after Dowdall's counsel argued he was "duped" and that the sentence did not properly account for his cooperation with authorities. The court emphasized that the Hutch organisation was a "tier one criminal organisation," not a minor group, and that Dowdall's actions were "very serious indeed."

Who, what, where, when and why

What: Report matter: Dowdall's sentence over Regency attack 'very lenient', court finds as appeal flops. Charges or matters: facilitating the Hutch gang by making a hotel room available ahead of the murder, was sentenced to two years imprisonment; an offence and someone who came before the court having been convicted of a very serious offence in the past and had served a substantial sentence, could he have had any expectation of doing better than he did?" asked the judge; the facilitation offence. "It sounds like you are coming very close to the line," she said; making a room available to the Hutch gang at the Regency Hotel, Swords Road, north Dublin, where the notorious murder of Kinahan Cartel member David Byrne (34) occurred in February 2016; participating in or contributing to activity intending to or being reckless as to whether such participation or contribution could facilitate the comm

When:

March 7, 2016 Hearing Or Sentence
February 4, 2016 Incident
June 20 Incident
September 28 2022 Hearing Or Sentence
February 2016 Incident
April 2021 Incident
October 17 2022 Incident
February 5, 2016 Incident
June 2017 Hearing Or Sentence
January 15, 2015 Hearing Or Sentence
April 2018 Hearing Or Sentence
2023-07-14 Publication

Why: The three-judge court found that the issue of the sentencing court suspending part of the sentence to encourage rehabilitation "did not really arise" because Dowdall had decided to "cooperate with the authorities" and "would be leaving the jurisdiction on the completion of his sentence'. CNI source report

Case subjects

Jonathan Dowdall

Appellant

Charges: facilitating the Hutch gang by making a hotel room available ahead of the murder, was sentenced to two years imprisonment; an offence and someone who came before the court having been convicted of a very serious offence in the past and had served a substantial sentence, could he have had any expectation of doing better than he did?" asked the judge; the facilitation offence. "It sounds like you are coming very close to the line," she said; making a room available to the Hutch gang at the Regency Hotel, Swords Road, north Dublin, where the notorious murder of Kinahan Cartel member David Byrne (34) occurred in February 2016; participating in or contributing to activity intending to or being reckless as to whether such participation or contribution could facilitate the commission of a serious offence by a criminal organisation or any of its members, to wit the murder of David Byrne, by making a room (Alleged Or Contested)

Outcome: Mr Justice Birmingham said Dowdall had pointed to the divergence between the sentences imposed on him and on his co-accused and father, Patrick Dowdall, who received a sentence of two years for the same offence. Last October, Patrick Dowdall (65), who also pleaded guilty to facilitating the Hutch gang by making a hotel room available ahead of the murder, was sentenced to two years imprisonment.

Patrick Dowdall

Appellant

Plea: Guilty

Outcome: Last October, Patrick Dowdall (65), who also pleaded guilty to facilitating the Hutch gang by making a hotel room available ahead of the murder, was sentenced to two years imprisonment. Mr O'Higgins argued that the Special Criminal Court had weighed the consequences of how Dowdall's life was going to "irredeemably" change on becoming State's witness "with a blindfold", that the sentencing court didn't hear the specifics and did not know what the future held for his client. "He could have made his plea, been sentenced, walked out and refused to give evidence," he said.