Courts / Kildare / Report
Violent criminal has jail term doubled for aggravated burglary
Summary
Derek Brady, 59, pleaded guilty to aggravated burglary, threat to kill, and false imprisonment on 12 June 2022. He was sentenced by Judge Martin Nolan on 26 January 2023 to five years' imprisonment with the final 15 months suspended. The State appealed, arguing the sentence was unduly lenient. The Court of Appeal, led by Justice George Birmingham, found the original sentence too light and quashed it. A headline sentence of ten years was set, with a one‑third discount applied, resulting in a net sentence of six years and eight months. Brady's suspended portion was removed, and the court ordered that the suspended year of his two‑year robbery and attempted robbery sentence be suspended to encourage rehabilitation. The revised sentence is consecutive to the robbery convictions, with no further changes to those terms.
Who, what, where, when and why
What: Report matter: Violent criminal has jail term doubled for aggravated burglary. Charges or matters: the two remaining counts on the indictment namely a threat to kill or cause serious harm and false imprisonment. Procedural stage: appeal
When:
- June 12, 2022 Incident
- January 26 2023 Incident
- March 2023 Hearing Or Sentence
- 2023-07-14 Publication
Why: However, Mr Justice Birmingham said the court would restructure it by suspending the last year of the two year sentence in order to "incentivise rehabilitation". CNI source report
Case subjects
Convicted Person
Charges: the two remaining counts on the indictment namely a threat to kill or cause serious harm and false imprisonment (Admitted)
Plea: Guilty
Outcome: On January 26 2023, Judge Martin Nolan sentenced Brady to five years imprisonment and suspended the final 15 months. Mr Justice Birmingham said the manner in which the matter came before the court was one in which Brady would not be the subject of a suspended sentence when he finished but would rather be starting a consecutive two-year sentence for robbery and attempted robbery imposed in March 2023.
Places mentioned
Topics
Burglary Stage Appeal Theft Violent Crime
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