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Contractor who defrauded financing company out of €369k should be jailed, State tells appeal
Summary
In a Court of Appeal hearing on 17 November 2023, the State argued that the fully suspended five‑year sentence imposed on Pearse O'Connor, a 41‑year‑old contractor from Dundalk, was too lenient for the €369,000 invoice fraud he committed against Keys Commercial Finance. O'Connor had pleaded guilty in April 2021 to six charges, including five for using false invoices and one for fraudulent trading under the Companies Act. The Court of Appeal noted that the fraud occurred over a short period but was carefully planned, resulting in a loss that grew from €186,000 to €622,000, with only €253,000 repaid. The State claimed the suspended sentence failed to reflect the seriousness of the offence and called for a custodial term. The appeal court will decide on 1 December 2023.
Who, what, where, when and why
What: Report matter: Contractor who defrauded financing company out of €369k should be jailed, State tells appeal. Charges or matters: six charges relating to invoice fraud in order to keep Pearse Roofing and Cladding Ltd afloat when it got into financial difficulty in 2015; six charges, comprising five charges of the use of a false instrument – invoices – and one fraudulent trading charge on dates between January and May in 2015. Procedural stage: appeal
When:
- April 2021 Hearing Or Sentence
- January 2022 Hearing Or Sentence
- January 2015 Other
- December 1 Hearing Or Sentence
- 2023-11-17 Publication
Why: In April 2021 at Dundalk Circuit Court, Pearse O'Connor (41) of Rampark, Jenkinstown, Dundalk, pleaded guilty to six charges relating to invoice fraud in order to keep Pearse Roofing and Cladding Ltd afloat when it got into financial difficulty in 2015. CNI source report
Case subjects
Defendant
Charges: six charges relating to invoice fraud in order to keep Pearse Roofing and Cladding Ltd afloat when it got into financial difficulty in 2015; six charges, comprising five charges of the use of a false instrument – invoices – and one fraudulent trading charge on dates between January and May in 2015 (Admitted)
Plea: Guilty
Outcome: O'Connor was sentenced to a total of five years' imprisonment, which was fully suspended by Judge Patrick Quinn in January 2022 and he was further banned from directing a company in this jurisdiction for life. Mr Seagrave said that the suspended sentence in the case did "not sufficiently reflect the respondent's behaviour regarding the level of offending and planning involved".
Places mentioned
- Court of Appeal
- Dundalk
- Dundalk Circuit Court
- The appeal court
Topics
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