Courts / Offaly / Report

Man with 69 previous convictions who helped murderer is given 'further chance'

Date
2023-12-11

Stage
Appeal

Primary locality
Edenderry

County
Offaly

Summary

At the Central Criminal Court, Matthew Cummins appeared on appeal regarding the reactivation of his suspended sentence. The State sought to activate the two-year suspended portion of his nine-year term, which was imposed in September 2021 for impeding the apprehension of an offender. This followed Cummins' guilty plea and sentencing on December 5 last year at Tullamore Circuit Criminal Court, where he received two-and-a-half years' imprisonment for criminal damage, with the final year suspended. Cummins, who has 69 previous convictions, had previously admitted to helping Sean Davy, a convicted murderer, by attempting to burn the victim's body to destroy evidence. James Davy, Cummins' co-accused in the original 2014 incident, also had his murder conviction overturned in 2021 and was re-sentenced to nine years with two suspended. Ms Justice Siobhan Lankford revoked the two-year suspension but substituted it with a one-year jail term, backdated to December 5 last, with no portion suspended. She noted Cummins' good behaviour and course completion in prison, granting him a further chance despite his high risk of reoffending. Sean Davy remains serving a life sentence for murder.

Who, what, where, when and why

What: Report matter: Man with 69 previous convictions who helped murderer is given 'further chance'. Charges or matters: damaging the door and was sentenced to two-and-a-half years' imprisonment with the final year suspended on December 5 last. Procedural stage: appeal

When:

September 2021 Incident
February 12, 2014 Hearing Or Sentence
December 5 Hearing Or Sentence
May 2022 Incident
May 29 Incident
2023-12-11 Publication

Why: Mr Ó Dúnlaing said his client appeared by video link at his December 5 sentencing because he was giving a talk to other inmates and had "great enthusiasm for helping others on his landing". CNI source report

Case subjects

James Davy

Appellant

Charges: damaging the door and was sentenced to two-and-a-half years' imprisonment with the final year suspended on December 5 last (Alleged Or Contested)

Matthew Cummins

Defendant

Charges: damaging the door and was sentenced to two-and-a-half years' imprisonment with the final year suspended on December 5 last (Admitted)

Plea: Guilty

Outcome: He warned Cummins not to offend again and added: "You have an opportunity now to lead a life away from crime, so take it." The State had today sought the reactivation of the suspended portion of the sentence of nine years with the final two suspended imposed by Mr Justice White. Cummins and James Davy were re-sentenced in September 2021 to serve nine years' imprisonment with the final two years suspended for the substituted offence of impeding the apprehension of an offender.

Sean Davy

Convicted Person

Charges: damaging the door and was sentenced to two-and-a-half years' imprisonment with the final year suspended on December 5 last (Alleged Or Contested)